Can I Report a Company for Posting a 'Ghost Job'?

Looking for a new job often means spending hours looking at online job postings. Making a career change can be intimidating and frightening. The last thing you should have to worry about is whether a job posting is legitimate.

Some job listings out there that are not what they appear to be. A company may post “ghost jobs”, also known as fake or phantom jobs, which are not for real job openings. When job seekers apply for these jobs, they learn that the job either doesn’t exist or was filled a while ago.

As frustrating as it can be to encounter a ghost job during your job search, there may not be much you can do about it. There are legal options available if you have spent a considerable amount of time and money pursuing a job that wasn’t actually available, but a successful resolution is challenging at best. You may be better off just chalking it up to experience and moving on.

This article explains why companies post ghost jobs and how to identify them. It also discusses how to report fake job postings so other job seekers don’t run into the same problem you did. If you encounter a ghost job and feel that your legal rights were violated, contact a local employment attorney right away.

Why Do Companies Post Ghost Jobs?

It’s hard to imagine why companies would waste their time with ghost job postings. Not only are they wasting job seekers’ time, but it seems like they’re wasting their own as well. Still, it’s common for companies, even reputable ones, to post fake job listings.

There are several reasons why an organization would post phantom job ads online or on social media. Some of these include:

• Testing the current job market: Some companies like to see what is available in the labor market for when they do have an actual hiring need. Information on the current job market is posted by the U.S. Bureau of Labor Statistics.
• Promoting growth and stability: Investors and existing employees want to see their company flourishing. One way to do that is to make it appear that the company has vacancies for highly qualified job candidates.
• Building a talent pool: Every company likes to generate a highly qualified talent pool. This gives them an edge when hiring employees for actual positions. This is more common with larger companies than among small business owners.
• Complying with diversity requirements: Companies don’t always want to follow the law. It may be easier for hiring managers and recruiters to satisfy compliance and diversity requirements by posting non-existent positions that attract a wide spectrum of job seekers.
• Maintaining visibility in the job market: Even if a company isn’t hiring, they still want to attract potential employees. One way to achieve this is to encourage qualified candidates to apply for jobs on their company’s website or job board.
• Increasing internal competition: The threat of new hires might make existing employees feel threatened. Some companies use phantom job postings to motivate internal candidates to up their game.

If you encounter a ghost job, your best option is often just to move on and keep searching for a legitimate job opening. You can also report the fake job if you feel that you were treated egregiously. For example, if a hiring manager goes so far as to have you complete a job application and schedule a job interview for a position that isn’t real, you may feel strongly about pursuing legal action.

What Makes a Job Posting a “Ghost Job“?

Ghost jobs can seem vicious and unnecessary, especially when so many people are facing economic uncertainty. It takes time to apply for a job, submit a resume and cover letter, and follow up on the potential job lead. It’s extremely frustrating to learn that a job you thought was legitimate is nothing but a fake.

Learning to spot a ghost job before you waste too much of your time on it can help alleviate much of the aggravation. Some of the red flags that a posted job may be for a phantom position include:

• The job is posted for extended periods of time (90+ days) without removal
• The position is mass-posted across multiple platforms simultaneously
• The company repeatedly reposts the same position
• The posting includes job requirements that are impossibly specific or constantly changing
• There is no response after multiple follow-ups, even post-interview
• Company employees confirm that the role doesn’t exist

While it may be difficult to spot ghost jobs, it’s even harder to tell the difference between ghost jobs and employment scams. The general rule of something being “too good to be true” applies to this situation. If a job posting seems to be too perfect or ideal, then it probably isn’t real.

Are Fake Job Postings Illegal?

According to CNBC, 40% of all companies admit that they have posted ghost jobs in the past. In fact, 30% of employers said they were currently advertising for jobs that didn’t exist. The reason these companies have no problem admitting to using phantom job postings is that there are currently no laws prohibiting the practice. That may not be the case for much longer.

The Federal Trade Commission (FTC) is considering regulations that would limit a company’s ability to post jobs for positions that don’t exist. Other proposals before the federal government would require companies to only post legitimate jobs.

Federal Trade Commission (FTC) Deceptive Practices

Section 5 of the Federal Trade Commission Act can sometimes be applied to ghost job postings. It prohibits unfair and deceptive practices that can affect commerce. Posting fake jobs can have a detrimental impact on commerce.

Some of the behaviors that potentially violate the FTCA include:

• “Pipeline padding” as false advertising: Pipeline padding occurs when a company tries to build up a talent pool for future jobs by soliciting job applications for ghost jobs
• Intent to collect data without genuine hiring intent: Some ghost job applications ask candidates to provide salary expectations and other data, which is deceitful if not used for legitimate hiring purposes
• Distinction between legitimate recruiting and deception: The FTC’s “Impersonation Rule” prohibits people from posting jobs online without providing their true identity or affiliation, which is often a component of ghost job postings

If you identify a ghost job or phantom posting, consider reporting it to your state’s labor agency. While this may not help your job hunt, it can help prevent companies from posting these jobs in the future.

State-Level Transparency Requirements

In addition to federal regulations on ghost jobs, state laws require job posters to meet certain transparency thresholds. These laws vary by state and are ever-changing. As more people rely on the internet to find job opportunities, more laws are being enacted to govern the use of ghost job postings.

Some of the recent state transparency requirements for job postings include the following:

• Ontario’s 45-day response mandate (effective January 1, 2026): This law, which is part of Ontario’s “Working for Workers” series, requires employers to notify job seekers of whether they are a viable candidate within 45 days of the applicant’s last interview and applies to all businesses with 25 or more employees
• “Right to Know” bills in progress (New Jersey, California, Washington, and New York): These proposed laws help protect job seekers from ghost jobs by requiring employers to be transparent in their job postings
• Existing pay transparency laws extended to hiring practices: In recent years, regulators have been requiring firms to disclose salary ranges, compensation details, and information regarding benefits in their job postings, which is expected to continue, given the increase in online job hunting and ghost jobs
• State-specific consumer protection statutes: Most states have had aggressive consumer protection statutes in place for years, which help protect job seekers from misleading and false job postings

Chasing a ghost job is frustrating, but trying to extract damages may prove even more so. If you feel that your experience warrants legal action, contact a local employment attorney to discuss your case.

Data Privacy Violations

Ghost jobs are misleading and a waste of time for job seekers. They also allow employers and third parties to collect sensitive personal information from job applicants. This is accomplished under false pretenses, especially if they have no intention of screening the person for an actual position.

Some of the consumer protection acts that protect job hunters from ghost jobs include:

• CCPA (California Consumer Privacy Act): Collecting resumes under false pretenses
• GDPR (for EU applicants): Legitimate purpose requirement for data collection

Personal information gathered in this manner can include:

• Contact details
• Work history
• Education history
• Salary expectations
• References
• Criminal background information
• Date of birth
• Social Security numbers

If an entity collects the above information under the guise of a job opportunity, it may face fines and other repercussions.

Where To Report Ghost Jobs

There are several ways to report a ghost job posting. Both state and federal agencies investigate these claims. Where you decide to submit your report depends largely on where you saw the job posting and the nature of the posting itself.

Some of the federal agencies you can contact regarding ghost or phantom jobs include:

• Federal Trade Commission (FTC): ReportFraud.ftc.gov – for deceptive business practices
• Consumer Financial Protection Bureau (CFPB): When a ghost job involves financial products/services companies

For reporting locally, your state’s labor bureau is a good place to start. You can also find help at your state’s attorney general’s website.

Sometimes, it’s a good idea to report the job to the job board where you found the posting or industry-specific organizations. Examples of these include:

• Better Business Bureau (BBB): You can file a complaint about deceptive practices with the BBB
• Job Platform: Some platforms, such as Indeed, LinkedIn, and Glassdoor, have fraud reporting mechanisms
• Professional Licensing Boards: This is a good idea if the posting company is in a regulated industry (healthcare, legal, financial)

If you need help reporting a suspicious job posting, contact a local employment attorney or consumer protection lawyer.

What Information To Include in Your Report

If you decide to report a ghost job posting, there is certain information you must include in your submission. This information will help the agency identify the culprit and search for other potential ghost jobs belonging to the same company.

Some of the information you must include in your report includes the following:

• Company name and job posting details
• Date(s) you applied and interviewed
• Screenshots of job posting and communications
• Evidence of ghost job patterns (reposting dates, multiple platforms)
• Personal data requested (especially sensitive information)
• Any recruiting fees or expenses incurred

Every case is different, and you may have more (or less) information to provide. When doing so, try to include screenshots of any postings along with copies of emails and direct messages related to the ghost job.

Other Options Beyond Reporting

There are times when you may not want to report a particular fake job posting, but still want to alert other job seekers about your experience. This can help prevent other people from wasting time or getting their hopes up about a job that doesn’t exist.

If you want to raise awareness about a specific job, it’s important that you document everything you find. This will help bolster your claims if the need ever arises. Some of the information you should document includes:

• Save job postings with timestamps
• Keep email communications
• Screenshot application confirmations
• Note interview dates and participants

This is not an exhaustive list. Add any other pertinent information as well.

As far as notifying the public and other job candidates, consider these other tools:

• Posting Glassdoor reviews (factual, not defamatory)
• Professional networking warnings
• Industry forums and communities
• Social media communities like Reddit

Avoid making false or exaggerated claims, as they may subject you to allegations of defamation. Keep things simple, factual, and to the point. Your goal is to warn others about the ghost job, not open yourself up to liability.

When Should You Consult an Employment Attorney?

While it is rare, there are times when you may need to talk to an employment attorney about your job-hunting experience. You should only do this if you suffer a personal loss as a result of a ghost job.

You should consider talking to an experienced employment lawyer in the following circumstances:

• You incurred significant expenses (travel, certifications, relocating)
• The company requested unusual personal/financial information
• You left another job based on the offer discussions
• The company charged a recruiting fee
• You suspect discrimination masked as a ghost job

With proof of any of these things, you may have a legal claim. If the fake position was posted by an existing company that you recognize, you’ll have something to target. A fake company or one operating under an alias will make it difficult to file legal action and recover damages.

You can request that the company, jobsite, or online forum delete any data they collected from you. While this may not be the solution you want, it will go a long way toward protecting your personal and private information.

Here are some tips regarding a request for data deletion:

• Under CCPA (California) and other state privacy laws, you can request the deletion of your application data
• Companies must comply within specific timeframes
• Always document your request and their response

If the company does not comply with your request, contact a consumer protection or personal injury attorney for help.

Protecting Yourself from Ghost Jobs

Your best defense may be learning how to spot a ghost job right away. There are certain things you can do to protect yourself from these deceitful postings.

Some of the steps you can take to avoid becoming the victim of a ghost job include:

• Research the company on Glassdoor or Indeed for reviews
• Check the company’s actual “About” or “Team” pages for signs of growth
• Ask direct questions such as, “When was this position created?” or “Who held it previously?”
• Request a timeline for the company’s hiring process
• Be wary of vague job descriptions or excessive “nice-to-haves”

If you suspect that a job is too good to be true, the best thing to do is move on. Don’t get your hopes up or waste time and energy on a job only to learn that it isn’t legitimate. There are great companies out there that are looking for solid, dedicated employees.

Contact a Local Employment Attorney To Discuss Your Case

It may seem odd that someone would contact an attorney about a ghost job. However, if you lost something during the application process, you deserve to be made whole. Ghost jobs may violate FTC rules, state laws, and privacy regulations. If so, they deserve to be held accountable.

You have multiple reporting options depending on your jurisdiction and the circumstances. Documentation is key to any complaint or legal action. If you feel like you have a case, consider consulting a local employment attorney for legal advice. They’ll examine your situation, explain your options, and guide you through the following steps.