Changing Employer

[jyang72211]

Hi all,

I am thinking about chaning job from Company S to Company A.  Company S makes inverter, power meter, etc; and Company A makes inverter.  Therefore, Company S and A are competititor, since they both make inverter.  However, I am only working in the division of Company S that makes power meter, and  I have no knowledge of inverter at all.  Would there be a problem when I change job, since they are technically competititor? 

I don't think I have a contractual agreement that restrict me from working for competitor.  However, I am wondering if I do, would that be a problem?  I work in a completely separated division. 

That brings me to an interesting question.  If I work for company E that makes everything (a competitor to all other companies), and I work for company E.  In particular, I work in RAM division of company E, and I want to change job to a new company that makes sensor.  Since company E also makes sensor, the new sensor company would be a competitor.  If company E made me sign a contract that says I can't work for a competitor within 6 months of leaving the job, does that mean I can't work for the new sensor company even though I don't even work with sensor when I was with company E? 

[JÞB]

As I understand your question you have two major delemas.

1)What are the ethical considerations

2) What are the contractual considerations.

Ethics- In most of the modern world there is no obligation to continue employment at any company (That would be indentured servitude and it is frowned on.)  Loyalty is prized and rewarded at some companies.  HOWEVER, the company you are leaving has certain intellegence product and does have rights to protect so taking your knowledge of Company A's trade secrets and using them to benefit Company B does infringe protected rights of Company A and you want to avoid that since it may be legally actionable.

Contract- you may have additional contractual obligations to Company A that they may enforce.  Some Companies require certain riders to the employment contract as a condition of employment such as "Non-Disclosure Agreements" and "Non-Compete clauses."  This you must seak advice on from your HR department or a law professional since I niether know the terms of your contract nor am I qualified to offer legal advice.

---Disclaimer!. 

Nothing in this measage is intended as legal advice. all statements are provided as-is.  It is recommended that persons consult with an attorney for legal advice. Jeff Bohrer offeres no warrenty or garuntee of any statement and will accept no responsability or liability for reliance on anything stated above.

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[johnsold]

You must read the exact wording of any contract you have.  Also be aware that some companies may have anti-competitieve policies which are included in an employment agreement by reference. You may have signed something which says, "I will agree to all of company A's employment policies." Those policies may not be spelled out on the page you signed.

Generally, large companies, like your company E, recognize that employees who leave will work for a competitor.  Their practical concern is that you do not take any competitive information to the other company.  If you know nothing about company E's sensors, they will probably not try to keep you from working for company S.

As Jeff said, if you have specific questions about your personal situation, you should consult with an appropriate legal professional.

Lynn

[smercurio_fc]

One point to make regarding the ethics and legality is that you have to make a distiction between knowledge pertaining to a company's product as opposed to knowledge you learn as part of engineering. There's a real fine line between a technique that's used to specifically make a product more competitive and a "general" engineering practice that you learn as part of working. The latter you can take with you. The former you can't, and you can be held legally accountable. It does not matter whether you worked in that division or not - you may have learned about it from a colleague who happens to work in that other division.

[LV_Pro]

Also understand, that on top of all that has been said, the laws regarding all of this are location dependent. As an example, some US state governments have deemed certain "Non-compete" requirements illegal, so, that having been said, see someone familiar with business law for your geographical area. And when you to, go prepared, dig out that employement folder that you were given years ago when you started at your current employer.

I will also mention, that this is an open forum, where _anyone_ can see postings.

[JÞB]

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@LV_Pro wrote:

I will also mention, that this is an open forum, where _anyone_ can see postings.

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That means your boss can see this too!  

Putnam, Are you sugesting that the OP should  "report" themself to moderator" to obscure the OP's name? 

Good idea! OH, Laura F.-- give the OP a break will you?

[jyang72211]

Thanks all!!

[LV_Pro]

I would just hate for one of our colegues that might be exploring change as an intellectual concept have it forced upon them. In my city there was a program at the local community college to help people thinking of starting their own company understand what was involved. The local newspaper interviewed two women friends who were taking this class, who expressed a desire to "some day start their own company". Their employers of the moment helped them make their decision, firing them a few days after the article came out. Ironically, New York state had a pilot program going on that helped "qualified" prospective startups by allowing the founders collect unemployement for a while under NY State Law, if they were able to read your mind and discovered that you were planning a little company while unemployed you would normally loose the benefits, even though nothing had actually been done in that direction). I never did find out what "qualified" meant, it was a bit important to me as I had just lost my job and was starting a new company. Ironically, I filed for Unemployement before beginning the founding of the company, but it was too close together, so my new company got sent an Unemployement claim for me! Before we had actually done anything, and months before we had brought in any money!!

[LV_Pro]

colleague,   didn't run spell check!  Sort of like Georgetown University mispelling university on the graduation program, spelling it "Univeristy", so I'm in good company!