{ "media_type": "text", "post_content": "I went industry about a year ago and hate it. So I applied to a few firms and Low and behold, one of the firms I applied to is now providing services to my team. I made it past the first round before we became their client but now I’ve been inform that if I want to continue with the interviewing process, I’ll need to disclose to my company that I initiated it and was not recruited. Would you continue, why/not? What do I need to consider when speaking with my employer?", "post_id": "608b43537c491e002a5d402c", "reply_count": 7, "vote_count": 2, "bowl_id": "5e6fe1c31f5e51001d267e46", "bowl_name": "The Work-Life Bowl", "feed_type": "bowl" }

I went industry about a year ago and hate it. So I applied to a few firms and Low and behold, one of the firms I applied to is now providing services to my team. I made it past the first round before we became their client but now I’ve been inform that if I want to continue with the interviewing process, I’ll need to disclose to my company that I initiated it and was not recruited. Would you continue, why/not? What do I need to consider when speaking with my employer?

like
Posting as :
works at
You are currently posting as works at

I would push them to give some sort of commitment because if they don’t give you an offer then it could hurt your career at the current employer. If they aren’t willing to do that then you can push back by saying everything can be traced by time stamps to prove you applied well before the company became a client. Either way, without talking to an attorney or doing more research regarding employment laws in your state, I would feel uncomfortable disclosing this matter.

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Anything else I need to consider?

Yes. To consider: Are you in a state (like CA or NY) where this kind of collusion between employers is illegal?

I mean the terms of non-poaching agreements that appear in contracts between employers are not legal in many states. If you aren’t in one of those states, then they are asking you to do this so they don’t run afoul of whatever penalties (usually 10-15% of your first year salary) they’d have to pay/refund as per their contract. Usually the employers cannot solicit, but the employees can self-seek. I had a client recently try to poach our employee, and tell that employee (only via phone, no written conversations) to apply for a particular posting so it wouldn’t show up as them trying to poach the person and trigger contractual penalties.

Do you want to go to this company?

I do

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