Long story short, I have may have an opportunity to work for a competitor of the place I work at now. Assuming I am offered the job, how should I proceed? Should I tell my current employer of the job offer or should I just put in a 2 weeks notice?

Extra info: I am currently part time at the place I work now. I like the place I work, but this new job may offer better long term opportunities (including better mentorship) plus, obviously, a full time job w/ benefits.

5/4/2011 8:04:21 PM

Wait until you have an offer in your hand. Check with the paperwork that you signed when you took your current offer and read the 'no compete' clauses. If all of this checks out and after getting this offer in hand, go to your current employer and basically say "I enjoy working here, and I hate to leave. But they are offering me more money, full time, benefits, etc, etc. Are you willing to match?"

If their answer is No, then give your notice. If they're willing to play the game and keep you around, then weigh your options from there.

5/4/2011 8:09:40 PM

yeah, you better make sure you didnt sign any no compete clauses. A lot of companies have them nowadays and could screw you over in this situation. I'm not sure if they would make a part time employee sign one, and if you dont have your current job's paperwork it might be hard to ask your current HR department without raising any red flags

5/4/2011 8:18:31 PM

question.... in nc aren't non competes illegal?

5/4/2011 8:18:56 PM

I've heard rumblings about that when my company underwent an ownership change and we were talking about if the new owners would make us sign one - we never had to sign one, so I dont know for sure.

5/4/2011 8:22:57 PM

^ not as far as I know, pretty standard with most companies

5/4/2011 8:23:05 PM

non-competes aren't illegal in nc, they just don't stand up in court often. they can still cause you some headaches and probably some money though.

basically for them to stand up the employer needs to show how they are protecting the employer's legitimate business interests, which is usually pretty hard with the kind of vague non-compete clauses employers often has.

i found this with a quick google:

Quote :

"Q. My employer required me to sign an agreement saying that I will not take a job with a competitor for two years after leaving the company. Am I really restricted from working for a competing company? How can I be restricted from working in my field of specialty? A. In general, covenants not to compete (also called noncompete agreements) are disfavored because of the inherent restrictions such agreements place on the ability of employees to change jobs. However, under North Carolina law, these agreements may be enforceable if certain conditions are met. The first is that the agreement must be entered into to protect a legitimate business interest of the employer. The employer's desire to limit competition is not a legitimate purpose -- the employer has no right to restrict reemployment based solely on a desire to limit competition. However, if the employer has another business reason (such as an investment of special training or the disclosure to the employee of proprietary information), the noncompete agreement may be enforceable if the other conditions of enforceability are met. An employer must also provide consideration -- money or other benefit -- to the employee for signing the agreement. If the agreement is required as a condition of employment, the hiring of the employee is sufficient consideration. If the agreement is entered into later in the employer-employee relationship, the employer must provide something of value, such as a raise or one-time payment, in order for the agreement to be enforceable. Courts will enforce a covenant not to compete only when it is reasonable as to time and geographic scope. What is reasonable depends on the facts of each case, and the time and territory factors are interrelated (e.g. a longer time may be reasonable if the geographic restriction is very narrow). Any questions about a specific noncompete agreement should be directed to an attorney for review."

[Edited on May 4, 2011 at 8:42 PM. Reason : .]

5/4/2011 8:37:28 PM

yep, usually the key factor that makes a non-compete binding is if you have access to proprietary information with your current employer.

5/4/2011 8:57:40 PM

I'm not sure if I signed a non-compete clause. The job was a coop I obtained through the coop office at NC State.

The job is engineering design so I'm not really sure if the design techniques are considered proprietary. Maybe I should consult an attorney if/when time comes?

5/4/2011 9:17:02 PM

i really really doubt that a temporary position would make you sign a non-compete for the field

as long as you don't take proprietary information with you i'm sure you are fine

5/4/2011 10:23:52 PM

^^^^ That's the best write-up I've seen regarding non competes. Good to know.

5/5/2011 12:46:04 PM

Even if you signed a non-compete, you may still be able to work for a competitor. It just depends on the wording of the non-compete.

For example, I signed a non-compete with Company A then 6 months later went to work for their competition, Company B. According to the paperwork I signed with Company A, the non-compete only limited me from calling on / selling to customers I had signed or had contact with during my employment at Company A. Any other prospects were fair game.

Company A tried to come after me a couple times on some accounts I was working on, but nothing ever came of it. I would get Cease and Desist letters from Company A from time to time, which I would then turn over to Company B's Legal Department to make them go away.

5/5/2011 12:46:49 PM

Quote :

"i really really doubt that a temporary position would make you sign a non-compete for the field "

5/5/2011 3:45:32 PM

I had to sign a non-compete as well, but it is limited to proprietary info, as they typically are.

Two things to consider though, one, you don't have to tell them you who you are going to work for, just quit; two, they it's really hard for you old employer to know what you tell your new employer unless your work will end up on a patent/or you will deal common contacts.

[Edited on May 5, 2011 at 4:09 PM. Reason : ]

5/5/2011 4:07:21 PM