Subject: Seeking Guidance on Career Change and Non-Compete Clauses
Hi everyone,
I’m contemplating a career change and would greatly appreciate any insights from those who have faced similar situations.
At present, I work for a technology recruitment firm that specializes in trading firms and hedge funds, a very niche market. The company I’m considering joining overlaps with some of my current firm’s clients, and I’m excited about the potential it offers for my career. However, my current employer has expressed willingness to pursue legal action if I depart and engage with the same clients within a year. They’ve even been monitoring former employees to ensure they aren’t working with these clients post-departure.
While I’m thrilled about this new opportunity, I’m concerned about navigating the potential legal implications of my non-compete agreement. I would greatly appreciate any advice or experiences you can share.
Thank you in advance for your help!
Here are the key points of my non-compete clause for reference:
-
17.2 The Employee agrees not to engage, directly or indirectly, in any business that supplies services in the relevant area for three months after termination without prior written consent from the Company.
-
17.2.1 For six months following termination, the Employee cannot solicit business from any professional contacts in relation to services, nor supply related services to them.
-
17.2.4 The Employee is prohibited from canvassing or soliciting business from candidates or prospective candidates for six months post-termination.
-
17.2.6 The Employee cannot solicit or attempt to hire any key employees in a service supply business for six months after leaving.
-
17.2.8 The Employee must refrain from representing themselves as connected to the Company or using any associated names in any capacity after termination, in line with the Company’s policies.
Thank you again for your support!
RCadmin
Hi there,
It sounds like you’re facing a complicated situation, and it’s great that you’re seeking advice before making your move. Non-compete clauses can be tricky, especially in niche markets like recruitment where relationships and networks are key. Here are a few things to consider that may help you navigate this transition:
Review Your Contract Thoroughly: Take a close look at the non-compete clause you shared. It’s important to clarify any terminologies and conditions. For instance, understand what is defined as “Services” and “Professional Contacts,” and how these relate to your new position.
Consider Seeking Legal Advice: Consulting with an employment attorney can provide you with tailored insights. They can help you assess the enforceability of the non-compete in your jurisdiction, as some areas have stricter regulations than others on such clauses.
Negotiate Your Exit: If you feel comfortable doing so, it might be worth discussing your plans with your current employer. Sometimes, an open conversation can lead to a mutual agreement that might allow for a smoother transition—especially if you help them find a replacement.
Look for Workarounds: Depending on the specifics stated in your non-compete clause, you might be able to navigate it by targeting different clients or roles that minimize overlap with your current firm’s business model until your non-compete period is over.
Document Everything: Keep detailed records of your work and any communications regarding your transition. This documentation could be useful if you need to defend your position later.
Network Carefully: As you begin to network for your next steps, be mindful of how you approach former colleagues and potential clients. Ensure you’re not inadvertently violating any terms during this process.
Understand Industry Norms: It might help to talk to others in your industry who have made similar moves. Their insights can offer you a realistic view of how common these situations are and how they handled them.
Ultimately, it’s important to prioritize your career aspirations while being aware of the potential pitfalls of your current situation. Best of luck as you navigate this transition!
Feel free to reach out if you need more specific advice or have additional questions!