How does the guidance on resigning differ when leaving for a direct competitor?
Background: I am a professional, non-manager who has just accepted a position at a direct competitor (think Coke and Pepsi). I've listened to the casts on how to resign, but wonder if the guidance differs since I am headed to a competitor. Any input is appreciated!!
non-compete?
Unless you've signed a non-compete or something of that nature, I don't think the guidance would change. There are several companies that directly compete in my market area. People go between them all the time. I don't think it is a big deal.
John
careful
I would advise some caution here. Most companies in my industry generally require a non-compete to be signed, somewhere deep in the hiring paperwork. The law's on this vary from state to state so do your homework. If you have an 'employmenet-at-will' agreement where they can let you go any time for any reason, it works both ways and non-competes are largely unenforceable.
if you are truly going to a big rival per your example, I would not disclose this to them.
Here's a nugget from personal experience, if you give 6 weeks notice per the guidance and they feel you're going to a competitor, they may walk you out right then and there, professionalism be damned, with nothing but your back vacation pay. Try to see if your destination company is flexible in your start date in case this happens. I can say I was stuck holding the bag pretty well when this happened to me. Fortunately i was able to move my start date up by 3 weeks so the sting of unemployment wasn't as bad.
All the best,
Neil
Timing of resignation;should I wait for background check results
I am about to accept an offer from a new company. Even though I have a clean background, credit & illegal drug abuse record, should I wait until all these employment checks returned acceptable before I resign from my current job?
Thank you for your input!
docjj
Absolutely. Make sure all
Absolutely. Make sure all the t's are crossed and the i's dotted.
And a comment about the older post. Don't rely on presence or absense of agreements that may or may not have been entered into. I have experience with being squeaky clean from a legal standpoint, but that didn't stop a big fat lawsuit from hitting my desk when I went to work for a competitor.
If I had a dime for every time I heard someone say, "You didn't sign a noncompete, they can't sue you...You're an employee, they can't sue you..." etc., etc. Tell that to the guy who served me the two-pounder. What they "can" and "can't" do legally has little if anything to do with what happens in the real world. The lawsuit went on for a year and a half, was finally settled, and the merits were never looked at by a judge or magistrate. All legal wrangling, venue, discovery, etc. There was no merit to their claims, but it didn't matter.
Most lawsuits in the business world are filed for strategic reasons, not focused on legal merit. Most business lawsuits are frivolous, but that and two bucks will get you a cup of coffee. For any professional leaving for a competitor, I'd recommend to make the investment in your own legal advice to find out what risks you could face. If they're big companies, good lawyers will also have a handle on how likely they are to file against you. True, most noncompetes are nonenforceable (especially if entered into without paying a substantial sum of money), but that doesn't mean they can't make you run up huge legal bills getting the case to the point of a judge's ruling.