Posted by
carmine
17 yrs ago
I have been working in my present company for 3 years now and have decided to resign in a month, just wanted to take a break for a while and see what comes up next. I am in sales and this is the first job i took since moving here. Honestly, I really like the company and the people I worked for, especially the management whom I am very loyal to and they treat me very well, dont want to sound cliche, but the eviroment is like a big family. Today, I got called up by a recruiter to see whether I would like to take up a position in a competitor. Just the thought of going to the competitor makes me feel so guilty, as though I am betraying the people whom I have dedicated to and treated me very well for the last 3 years...but the opportunity is very good and I get to manage a regional sector which I have been wanting to do so currently for a very long time. Unfortunately, businss is shrinking in my current company and my career path is stagnant, that is another reason why I wanted to leave.
If I do get hired, it will be inevitable for me to disclose many of the strategies and insider information that I know with of my current company (our market is very niche and there are basically just 2 or 3 competitors), and I pretty much know I will be expected to do this as well...but I have been very loyal and feels very bad about it as my boss and I had been working our asses off in the last year trying to beat our competitor, whom I am contemplating to work for. What do you guys think about this, should i feel this deep sense of guilt? Am I doing something immoral? Should I just concentrate on whats best for me and consider this simply a business decision? Please help!
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it is simply a business decision based on what is best for YOU. Though you sense of loyalty to your existing company is admirable, if the tables were reversed can you be so sure the company will have your best interests in mind when decisions to cut costs are contemplated? You should feel a sense of pride that you have managed to get your competitor's attention. If you think that working for the competitor will help YOU to grow, then you should go for it.
And dont worry about your existing company - they will survive (and possibly thrive) without you.
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absolutely take the opportunity...if it makes you feel better, explain your reasons to your current boss as you have here (presently stagnant position, chance for managerial position) but you shouldn't feel obliged to do so...at the end of the day, you should be looking out for yourself...remember YOU have been working hard for them for the last 3 years too, so they will be grateful (if not, they're not worth sticking by anyway...)
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You have to go for it!
It's your life and sometimes you have to be a bit mercenary about certain things. If that means upsetting somebody else or treading on someone's toes, then so be it.
Your attitude is commendable but you need to toughen up if you want to make something of yourself.
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Quite right, Flashback - Carmine needs an employment lawyer. This is what I know based on what was English law when I last practised it: There may be confidentiality and trade secret clauses in C's contract or staff handbook; there might be a garden leave clause or a restrictive covenant preventing C from joining a competitor or soliciting business from customers. But, even in the absence of any express clauses, there is implied into every contract of employment a duty of mutual trust and confidence. Some information is merely "confidential" and this needs an express to clause to prevent disclosure, but some is "highly confidential" which doesn't. Mere "confidential" information can be promoted to "highly confidential" by an employee's actions. Examples are deliberately memorising customer information, copying a list, taking documents, uploading to a website, downloading to disc - or whatever. If the aim is to make use of confidential information for your own benefit or for that of others, an employer is entitled to protection. What's more, processing personal data about, for example, customers, could amount to a breach of the data protection ordnance. Approaching customers in preparation for leaving with a view to them giving business to a new employer would also be a breach. And it does not stop there: even the new employer could find themselves in trouble by being sued for inducing a breach of contract. Typically, this is what happens: a valued employee with access to highly confidential information is believed to be breaching (or about to breach)his duty of confidentiality (express or implied); the present employer might fire a warning shot across his bows and those of the new employer requiring full disclosure of any documents, data, confidential information etc taken or disclosed. Both are required to give undertakings not to use/disclose confidential information. This is often followed (or preceded) by an application (with or without notice) to the court for an injunction. It might surprise you to know that, in such cases, lawyers can move with the speed of lightning. In London I did this many, many times: information of breach in the morning, in court in the afternoon. Carmine, I think this is the answer: if you resign, DO NOT take any confidential information with you; do not upload/download/email/print out or disclose ANY confidential information; take nothing with you. Lawyers have ways and means of finding out what you have been up to (in extreme cases, might also get a civil search warrant to search your home!). Tell the prospective new employer you will NOT disclose any confidential information. If they want you, it should be for your skills and experience, not for the business secrets you can disclose. Quite apart from the law, there is always a right thing and a wrong thing to do, isn't there? Will you do the "Right Thing"?
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MJ1
17 yrs ago
If you are ok with screwing over your current employer by disclosing all of its strategies and insider information, then go for it. But be mindful, as you have said yourself, the employer has treated you very well in the past 3 years and I'm sure you have developed good relationships with many of the staff there. Per above, think about what the "right thing" to do is...
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clearly this should have been discussed in the negotiations with the prospective new employer, and it should have been made clear that no disclosure would be forthcoming...if that was acceptable to the new employer, off you go.
Basically, don't let the fear of disappointing others hold you back from pursuing your own best interests.
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