Trying to get new job, but non compete could be a problem [closed]

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I currently work, at company A. I interviewed with company B a couple of months ago for a position that will be coming open shortly.



My boss who hired me at company A just recently left and actually went to work for company B (this was after my initial interview or before I knew she was interviewing there).



Now that she is working there, she thinks her noncompete from company A may get in the way of me being able to get the job at company B.



Does anyone have any insight to this? Any help would be appreciated!







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closed as off-topic by Chris E, Dawny33, Lilienthal♦, gnat, HopelessN00b Apr 29 '16 at 21:43


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, Dawny33, Lilienthal, gnat, HopelessN00b
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 1




    Strange. Her non-compete is between her and company A. If you have a non-compete then it is between you and company A. She may have a non-recruit clause but if you did not even know she was working there then she could not have recruited you. She probable just wants to stay out of danger.
    – paparazzo
    Apr 29 '16 at 17:48
















up vote
-3
down vote

favorite












I currently work, at company A. I interviewed with company B a couple of months ago for a position that will be coming open shortly.



My boss who hired me at company A just recently left and actually went to work for company B (this was after my initial interview or before I knew she was interviewing there).



Now that she is working there, she thinks her noncompete from company A may get in the way of me being able to get the job at company B.



Does anyone have any insight to this? Any help would be appreciated!







share|improve this question











closed as off-topic by Chris E, Dawny33, Lilienthal♦, gnat, HopelessN00b Apr 29 '16 at 21:43


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, Dawny33, Lilienthal, gnat, HopelessN00b
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 1




    Strange. Her non-compete is between her and company A. If you have a non-compete then it is between you and company A. She may have a non-recruit clause but if you did not even know she was working there then she could not have recruited you. She probable just wants to stay out of danger.
    – paparazzo
    Apr 29 '16 at 17:48












up vote
-3
down vote

favorite









up vote
-3
down vote

favorite











I currently work, at company A. I interviewed with company B a couple of months ago for a position that will be coming open shortly.



My boss who hired me at company A just recently left and actually went to work for company B (this was after my initial interview or before I knew she was interviewing there).



Now that she is working there, she thinks her noncompete from company A may get in the way of me being able to get the job at company B.



Does anyone have any insight to this? Any help would be appreciated!







share|improve this question











I currently work, at company A. I interviewed with company B a couple of months ago for a position that will be coming open shortly.



My boss who hired me at company A just recently left and actually went to work for company B (this was after my initial interview or before I knew she was interviewing there).



Now that she is working there, she thinks her noncompete from company A may get in the way of me being able to get the job at company B.



Does anyone have any insight to this? Any help would be appreciated!









share|improve this question










share|improve this question




share|improve this question









asked Apr 29 '16 at 17:23









John

1




1




closed as off-topic by Chris E, Dawny33, Lilienthal♦, gnat, HopelessN00b Apr 29 '16 at 21:43


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, Dawny33, Lilienthal, gnat, HopelessN00b
If this question can be reworded to fit the rules in the help center, please edit the question.




closed as off-topic by Chris E, Dawny33, Lilienthal♦, gnat, HopelessN00b Apr 29 '16 at 21:43


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Chris E, Dawny33, Lilienthal, gnat, HopelessN00b
If this question can be reworded to fit the rules in the help center, please edit the question.







  • 1




    Strange. Her non-compete is between her and company A. If you have a non-compete then it is between you and company A. She may have a non-recruit clause but if you did not even know she was working there then she could not have recruited you. She probable just wants to stay out of danger.
    – paparazzo
    Apr 29 '16 at 17:48












  • 1




    Strange. Her non-compete is between her and company A. If you have a non-compete then it is between you and company A. She may have a non-recruit clause but if you did not even know she was working there then she could not have recruited you. She probable just wants to stay out of danger.
    – paparazzo
    Apr 29 '16 at 17:48







1




1




Strange. Her non-compete is between her and company A. If you have a non-compete then it is between you and company A. She may have a non-recruit clause but if you did not even know she was working there then she could not have recruited you. She probable just wants to stay out of danger.
– paparazzo
Apr 29 '16 at 17:48




Strange. Her non-compete is between her and company A. If you have a non-compete then it is between you and company A. She may have a non-recruit clause but if you did not even know she was working there then she could not have recruited you. She probable just wants to stay out of danger.
– paparazzo
Apr 29 '16 at 17:48










3 Answers
3






active

oldest

votes

















up vote
3
down vote














She thinks her noncompete from company A may get in the way of me
being able to get the job at company B




Often that means that she cannot recruit folks from company A to come and work with her.



I've had this sort of contract before. Honestly, it's not really much of a barrier. If she suggests that you send your resume to someone else at company B and then company B hires you, she won't have recruited you directly. That's what I've done several times, and it has never been a problem for me.



On the other hand if she is saying "I can't hire you because of my non-compete agreement", it means one of two things. Either she has a far stronger agreement in her prior contract that I've ever had, or she doesn't really want to hire you for some reason.



If she is a good friend, you might be able to discuss it with her and find out the real reason. If she isn't a good personal friend, you may not know for sure.






share|improve this answer




























    up vote
    1
    down vote













    You need to talk to a lawyer about your contract.



    Her non-compete contract may not affect you, as you were unaware that she was moving to the same company - and there will be HR evidence to prove that you were interviewed before she started, so she should be clear on any poaching agreements. But don't take my word for it - spend some cash on a chat with an employment attorney.






    share|improve this answer




























      up vote
      0
      down vote













      Was that manager involved in your hiring? Has anyone from your company A been in the company B interview loop? Is there any communication in your company A email or IM or your social networking that could demonstrate someone from company A enticing you to company B or encouraging you generally to leave company A?



      Someone else leaving A for B, if none of the above is true should not prevent you from moving to B.






      share|improve this answer




























        3 Answers
        3






        active

        oldest

        votes








        3 Answers
        3






        active

        oldest

        votes









        active

        oldest

        votes






        active

        oldest

        votes








        up vote
        3
        down vote














        She thinks her noncompete from company A may get in the way of me
        being able to get the job at company B




        Often that means that she cannot recruit folks from company A to come and work with her.



        I've had this sort of contract before. Honestly, it's not really much of a barrier. If she suggests that you send your resume to someone else at company B and then company B hires you, she won't have recruited you directly. That's what I've done several times, and it has never been a problem for me.



        On the other hand if she is saying "I can't hire you because of my non-compete agreement", it means one of two things. Either she has a far stronger agreement in her prior contract that I've ever had, or she doesn't really want to hire you for some reason.



        If she is a good friend, you might be able to discuss it with her and find out the real reason. If she isn't a good personal friend, you may not know for sure.






        share|improve this answer

























          up vote
          3
          down vote














          She thinks her noncompete from company A may get in the way of me
          being able to get the job at company B




          Often that means that she cannot recruit folks from company A to come and work with her.



          I've had this sort of contract before. Honestly, it's not really much of a barrier. If she suggests that you send your resume to someone else at company B and then company B hires you, she won't have recruited you directly. That's what I've done several times, and it has never been a problem for me.



          On the other hand if she is saying "I can't hire you because of my non-compete agreement", it means one of two things. Either she has a far stronger agreement in her prior contract that I've ever had, or she doesn't really want to hire you for some reason.



          If she is a good friend, you might be able to discuss it with her and find out the real reason. If she isn't a good personal friend, you may not know for sure.






          share|improve this answer























            up vote
            3
            down vote










            up vote
            3
            down vote










            She thinks her noncompete from company A may get in the way of me
            being able to get the job at company B




            Often that means that she cannot recruit folks from company A to come and work with her.



            I've had this sort of contract before. Honestly, it's not really much of a barrier. If she suggests that you send your resume to someone else at company B and then company B hires you, she won't have recruited you directly. That's what I've done several times, and it has never been a problem for me.



            On the other hand if she is saying "I can't hire you because of my non-compete agreement", it means one of two things. Either she has a far stronger agreement in her prior contract that I've ever had, or she doesn't really want to hire you for some reason.



            If she is a good friend, you might be able to discuss it with her and find out the real reason. If she isn't a good personal friend, you may not know for sure.






            share|improve this answer














            She thinks her noncompete from company A may get in the way of me
            being able to get the job at company B




            Often that means that she cannot recruit folks from company A to come and work with her.



            I've had this sort of contract before. Honestly, it's not really much of a barrier. If she suggests that you send your resume to someone else at company B and then company B hires you, she won't have recruited you directly. That's what I've done several times, and it has never been a problem for me.



            On the other hand if she is saying "I can't hire you because of my non-compete agreement", it means one of two things. Either she has a far stronger agreement in her prior contract that I've ever had, or she doesn't really want to hire you for some reason.



            If she is a good friend, you might be able to discuss it with her and find out the real reason. If she isn't a good personal friend, you may not know for sure.







            share|improve this answer













            share|improve this answer



            share|improve this answer











            answered Apr 29 '16 at 17:28









            Joe Strazzere

            222k101649913




            222k101649913






















                up vote
                1
                down vote













                You need to talk to a lawyer about your contract.



                Her non-compete contract may not affect you, as you were unaware that she was moving to the same company - and there will be HR evidence to prove that you were interviewed before she started, so she should be clear on any poaching agreements. But don't take my word for it - spend some cash on a chat with an employment attorney.






                share|improve this answer

























                  up vote
                  1
                  down vote













                  You need to talk to a lawyer about your contract.



                  Her non-compete contract may not affect you, as you were unaware that she was moving to the same company - and there will be HR evidence to prove that you were interviewed before she started, so she should be clear on any poaching agreements. But don't take my word for it - spend some cash on a chat with an employment attorney.






                  share|improve this answer























                    up vote
                    1
                    down vote










                    up vote
                    1
                    down vote









                    You need to talk to a lawyer about your contract.



                    Her non-compete contract may not affect you, as you were unaware that she was moving to the same company - and there will be HR evidence to prove that you were interviewed before she started, so she should be clear on any poaching agreements. But don't take my word for it - spend some cash on a chat with an employment attorney.






                    share|improve this answer













                    You need to talk to a lawyer about your contract.



                    Her non-compete contract may not affect you, as you were unaware that she was moving to the same company - and there will be HR evidence to prove that you were interviewed before she started, so she should be clear on any poaching agreements. But don't take my word for it - spend some cash on a chat with an employment attorney.







                    share|improve this answer













                    share|improve this answer



                    share|improve this answer











                    answered Apr 29 '16 at 17:30









                    PeteCon

                    12.5k43552




                    12.5k43552




















                        up vote
                        0
                        down vote













                        Was that manager involved in your hiring? Has anyone from your company A been in the company B interview loop? Is there any communication in your company A email or IM or your social networking that could demonstrate someone from company A enticing you to company B or encouraging you generally to leave company A?



                        Someone else leaving A for B, if none of the above is true should not prevent you from moving to B.






                        share|improve this answer

























                          up vote
                          0
                          down vote













                          Was that manager involved in your hiring? Has anyone from your company A been in the company B interview loop? Is there any communication in your company A email or IM or your social networking that could demonstrate someone from company A enticing you to company B or encouraging you generally to leave company A?



                          Someone else leaving A for B, if none of the above is true should not prevent you from moving to B.






                          share|improve this answer























                            up vote
                            0
                            down vote










                            up vote
                            0
                            down vote









                            Was that manager involved in your hiring? Has anyone from your company A been in the company B interview loop? Is there any communication in your company A email or IM or your social networking that could demonstrate someone from company A enticing you to company B or encouraging you generally to leave company A?



                            Someone else leaving A for B, if none of the above is true should not prevent you from moving to B.






                            share|improve this answer













                            Was that manager involved in your hiring? Has anyone from your company A been in the company B interview loop? Is there any communication in your company A email or IM or your social networking that could demonstrate someone from company A enticing you to company B or encouraging you generally to leave company A?



                            Someone else leaving A for B, if none of the above is true should not prevent you from moving to B.







                            share|improve this answer













                            share|improve this answer



                            share|improve this answer











                            answered Apr 29 '16 at 17:29









                            ThatGuy

                            587512




                            587512












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