HR Take on Non Competes and Conflicts of Interest While Job Hunting

The first thing I want to start off my saying as we are getting into this conversation about non competes and conflicts of interest is this: I am NOT a lawyer. I want to put that out there right now. If you are seeking legal advice, that is not me. Of course I do have a background in HR and I do know a little bit about conflicts of interest and non competes. Someone asked me about this so I was happy to create an episode. Here was the question: Someone has a full time position, looking to add a side job, similar industry to what they are in now, currently interviewing for that job. Is this ok if it's in a similar industry? Is there a conflict of interest? When would there be a conflict of interest? Who would I talk to without causing issues at my current job? Here's the thing, during the interview process you should have on your resume your current job right, whoever you are interviewing with should know your 9-5 because you want to make sure you don't have a conflict of interest on either side. I would ask the new company, point blank, they should see it on your resume, but ask anyways. Hey as you know of course by looking at my resume I work for XYZ company, is that going to cause any conflict of interest issues with your team and your organization? I want to be really clear, I plan to keep that job and have this as a part time job in addition to that full time role. This way everyone is on the same page. And I would honestly ask your HR person in your current job. I don't know the details around this exact situation but if you are going to add a part time job in a similar industry of course it depends on the reason. I'm going to default to something very basic. Let's say you want to get a brand new car, you want to get a part time job to pay cash. Ask your HR person if this would be ok given that reason. If you're getting this part time job because you hate your current company or hate your current boss and you're hoping this part time job turns into something more full time, I may not talk to your HR person. They will more than likely share this with your current manager. Maybe you ask them that question as well. Whatever your comfort level is. In my experience its always best to be as open as possible in those types of situations so nothing comes back to bite you. Side note - if you ever do sign new hire paperwork, save those documents. If done online download it and if done in person ask to get a copy of it. Broadly speaking you will have conflict of interest issues or non compete problems when the job you hold offers you access to propriety information and the second job you want to get is going to be a direct competitor. As it relates to conflicts of interest and non competes, most of the time, HR is going to be concerned with these with the higher level roles. As an HR organization the only time I've worked for a company that is looking into a non compete with or without a legal team, is with someone who is generally speaking, at the Director level and above. Take that for what it is, I can't guarantee that. If you want advice here, please consult a lawyer! Another thing to note, not all states recognize and allow companies to enforce a non compete. People can work for a direct competitor of a current company however you're not allowed to share proprietary information. Finally what I want to say is, do the right thing. You know in your gut what will be the right thing. What will cause a problem, what will cause an issue. If I was someone looking at it from the outside, I would think there is or isn't something off. Do what's right, follow your gut. If it feels off or wrong, I would not proceed until you got more information. Google form to submit your episode ideas: Paypal: paypal.me/stephdennis13 For show notes go to: listentocareertalk.com To connect: Instagram: @stephdennis13 Facebook: Twitter: @stephdennis13

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HR Take on Non Competes and Conflicts of Interest While Job Hunting is an episode from Career Talk: Learn - Grow - Thrive by Stephanie Dennis.

This episode is 10:09 long.

This episode was published on Feb 14, 2019.

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