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Alvin Burns
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Computer Programmer, Software Developer, & Analytics

Employee Poaching Question?

How can I check if violating any competitive agreements with my job? I work in IT for a nationally recognized company and for the past few months I have been approached with emails and phone calls from recruiters for another rival or competitor company’s offering me a job opportunities. At first I though the contacts were scams or company insiders testing employee loyalty as a result of the volatile and highly competitive market for qualified IT professionals so I was hesitant. I discovered after many back and forth conversations that the potential offer is real but I’m still holding back in fear of violating my employee contract agreement with my current employer. How can I verify this without tipping off my employer that I’m looking into other jobs?

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over 9 years ago
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Ty Whalin
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Web Engineer

You probably signed agreements with the company you work for already. The agreements probably state that for a period of time you are not allowed to perform certain services for competitor companies and you are not allowed to use the company assets or companies intellectual property which could potentially hurt the company you currently work for.

You are allowed to start a new job, but you can not divulge the secrets of the previous company nor are you allowed to use information from that company the would benefit the new company you were or could be hired by. Examples are forms, email list, intellectual property or company secrets. You might check to find out if you have signed a non compete agreement or not. It may have a stipulation on it about how long it is before you can work for a company doing the same form of business as the one you work for right now. If there is no agreement between you and that company you should not have any problems moving on to the new company.

10y
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Michael Nguyen
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This could be a great opportunity for you to discuss new contract terms with current employer if your not happy with the current position. Being recruited by other companies gives you some leverage.

10y
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Frederick Goff
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Co Founder Ceo at Jobcase Inc

Hi Alvin, you prob have paperwork you signed - sounds like you don't have a copy? You can ask HR if you are in a big company. But overall, even if you did sign a non-compete they are hardly ever enforced unless at a VERY senior level. Even if you did sign one, it doesnt matter unless your employer wants to enforce it - which would entail legal costs. Usually employers waive it or bark but don't bite. If you are really worried you could contact a labor lawyer at a reputable firm. Most might have the first talk for free, but even if they charge it'll be manageable for the first consult.

I think these things are usually overblown in terms of what ACTUALLY happens. But if you are really worried, see if any other employees have left recently and ping them to ask whether they were chased or not. Easiest way to predict weather tmw is by looking at weather today - i.e. if they didn't sue them, they are unlikely to sue you. F

10y
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Anthony Mancuso
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I agree with the last comment and also suggest that you make sure you fully understand the transition process from one job to another. You might have to take on another unrelated job or wait for a certain grace period before starting with another company.

10y
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Franklin Peterson
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Engineering Project Manager at Texas Board Of Professional Engineers

Did you sign a non-compete agreement when you were hired? Check or ask for a copy of your offer letter or new hire paperwork and carefully read the terms of your employment before moving on those other job offers.

10y
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