Do I fight or cut my losses and try to start over?
I'm currently experiencing the full force of powerful, vindictive executive leaders of a major company because I dared to consider leaving for a new competitor that is opening.
A few weeks ago I was approached by a competitor and ultimately offered a great position with a significant increase in compensation. I wasn't sure if it was something I could even consider because I was under contract with my current company and I wasn't necessarily unhappy where I was, I was just worried about my long-term employment given that we were anticipating another round of layoffs after the new year so I decided to look into my options of possibly getting released from my contract.
I was fully transparent with my boss as he's always been a mentor whom I could trust for advice and support. He ultimately agreed to help me approach the executive leadership to let them know that I was offered but haven't accepted yet and see what my options are in regards to my contract. We thought it would go one of 2 ways; they would either be open to it given the upcoming layoffs (save from having to pay me severance and/or unemployment) or they would say that I couldn't go because my contract is still active. Unfortunately, we did not forsee how bad it would actually go and the ultimate aftermath I'm dealing with now.
When my boss went to his boss about it they immediately started and investigation and decided to interrogate me regarding my access to files on my flash drive that I had access to use since I got there over a year ago. They questioned my motives and claim that I could have stolen company documents to take to this competitor like I was actively committing corporate espionage. I volunteered to provide my flash drive and explained that everything I had on there were specific to my job duties only and items thats I created or was actively working on. Either way I did not have any malicious intent, especially because I hadn't decided to accept the position and would have been content staying if I knew my job was secure. I was suspended and then fired less than 48hrs later and informed in my termination that I would be held to the full terms of my contract including non-compete for almost 2 years! My company even went above and beyond to send a threat to the competitor that if they hire me in anyway they would pursue legal action. I just don't understand why they would do all of this for a mid-level manager, it's not like I had executive knowledge of the company's strategy or access to financial plans. Ultimately the competitor decided to do what was in their best interest and move on and referred me to attorneys so I can try to fight back on my own.
I absolutely couldn't believe that in just a few short weeks I was approached, to offered, to fired, to banned from working in my field for 2 years. I felt totally blindsided, confused, scared and most importantly heartbroken. I've been working full time plus for almost 20 years (since I was 15 years old) and have been very fortunate over the years to never have experienced the fears of being unemployed. I've always played it safe to protect myself from the uncertainty of risk and have tried to keep my head down and just work hard to make it through. The one time I finally considered doing something for me I got totally burned and buried by corporate tactics that totally eliminated the facts of the person I am (great leader, hard worker with nothing but positive vibes) and made me into this strategic criminal that thought she could get away with stealing all of their trade secrets. It's just insane!
Now I'm deciding what to do next. I have attorneys that offered to help me fight this but it's going to cost most of my savings to just retain them, not to mention that there's no guarantee that I could win. I would love to fight because I can't let them get away with destroying my livelihood and career but if they end up bleeding me dry in the process without any assurances then was it worth it? I'm also doing all I can to find ANY employment that doesn't violate my non-compete but given that were in the middle of a pandemic with millions of people out of work, my chances of finding anything that's full time are very slim.
I just feel so lost right now because my work was a big part of my purpose. I don't have kids or any hobbies, I truly got most of my fulfillment from my work and my team. I would appreciate any advice or insight that anyone can provide. Should I spend most (if not all) of my savings to fight, or use it to sustain my bills until I can hopefully find employment outside of my career?
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7 Comments
7 Comments
Anonymous
12/17/20 at 2:01AM UTC
Hire a lawyer to do the bare minimum of laying out out your options for severing your contract and assuming there is a reasonable path out, run fast to the new company (abiding by all the rules around confidentiality that you are bound by from the old firm). Good luck. Sounds really stressful so sending you good wishes.
User edited comment on 12/22/20 at 11:17PM UTC
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Sabrina Greenwood-Briggs
66
HR Amazon / Warrior
12/17/20 at 2:25AM UTC
I think it is well worth looking into whatever options you have to sue in the state you live in. The laws vary wildly depending on the state you are in, so knowing those options is the best thing you can do for yourself. Most states, if not all, will have some kind of link on their Employment website. Only you can answer the question as to whether or not you should spend your savings on lawyers. Good luck and I'm sorry to hear that they treated you so horribly.
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Roberta
295
12/22/20 at 6:11PM UTC
Look up Jonathan Pollard on LinkedIn. He’s an attorney who specializes in non-compete law. He posts a lot of good stuff and might be able to refer you to an attorney in your state (if you’re not in Florida, where he practices). In general, most non-compete agreements are invalid. Fight this. Your former employer cannot use a non-compete to prevent you from earning a living.
Going forward, to be very blunt, stop saving files on flash drives. Figure out how to access needed files from a company server rather than a private device.
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Karisa Karmali
604
Founder of Self-Love and Fitness
12/22/20 at 11:06PM UTC
Get a legal consult for sure.
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DeborahORell
86
We're a women’s rights in the workplace law firm
12/23/20 at 12:58PM UTC
I feel for you. Tough position.
it's easy to say get a lawyer. which is what is called for in this situation. But when you're out of work spending your precious savings on an attorney is a daunting thought.
Depending on your state, non-competes may or may not be enforceable. I would highly recommend at least consulting with two attorneys to get their counsel.
Why now might be a time to move forward with your case, is judge's will not be viewing noncompetes in a favorable light with the job situation as it is.
It is true your former employer can not prevent you from making a living. But If they were really concerned about 'trade secrets' they would pay you to stay on the beach. But they aren't.
Unless you feel you can find comparable work at comparable earnings for the next two years, then you simply must fight this.
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Farah Bajwa
190
Manager | Mentor | Consultant | Coach
12/23/20 at 8:37PM UTC
First, I'm so sorry you have to go through this. Second, shame on your former employer for meeting your honest and open nature with paranoia and aggression. It really reveals their true colors. I worked for a company that got pissed at their competitor for "stealing" employees, have been laid off three times in my career (this last time was 23 months), pivoted out of my industry, and landed a job in the pandemic.
I cannot advise you on whether to pursue your former employer legally or not. I don't know enough from the outside, and honestly only you can determine the value of this fight and if its worth it to you. What I will suggest though is project ahead - for sake of discussion, if you win this legal fight, what happens next?
Will you go back to work for them and if so how will your working relationship be? Will you both harbor emotions that will play out passive-aggressively or will you start fresh?
Or, will you be free to work for another employer because the non-compete will no longer apply? Will the fight be worth this?
My yoga teacher opened class once with the following mantra: If you're putting in more energy and effort into something that you're getting out of it, or it feels like you're constantly running into a brick wall - Stop. Step back. Look for the opportunity you may not have normally considered or noticed before.
I can also offer you my experience:
With regards to finances, I did what I could to save. At 38 years old, I moved back in with my parents (maybe consider getting a roommate), shared my Netflix and cellphone accounts, used my credit card rewards dollars/points, shopped with coupons, even called my storage unit and was able to get $20/month knocked off my rent.
With regards to job, consider how willing you are to take a little detour from your planned career path. I knew I wanted out of my industry after the second layoff opened my eyes to certain things. I read a book called "What color is your parachute?" (very light read) which gave me the tools I needed to highlight my transferable skills and market myself to successfully pivot. I reached out to people on LinkedIn to network and learn how to better position myself to get into their industries.
Don't let "the pandemic" eat away any of your optimism for a new opportunity (of course different industries are affected at different levels). I applied (out of my industry), interviewed, received the offer, and started my new role all within "the pandemic." I started 2 months ago after 23 months of unemployment. I think when the pandemic 1st hit, it knocked companies off kilter and they didn't know what to do. Now more and more companies are set up for remote/virtual hiring processes and positions. I always wanted to work from home and the pandemic made it possible because it forced companies to adapt their ways. Also large gaps between jobs are becoming more accepted. So long as you give them an answer that shows you were working on your personal development and relevance, recruiters and hiring managers usually give a head nod and move on.
No one will look out for your interests better than you and we women are excellent at guilting ourselves out of things. So keep asking for help and guidance along your way and above all, listen and trust your own heart and intuition. You WILL get through this! God and the universe are always working in your favor even if it doesn't look like it in the moment. We are so indoctrinated and programmed to plug ourselves immediately back into the corporate world, not giving a chance to see if there's something better for us trying to manifest. Good luck to you, dear!
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Renee Jackman
80
Economic and Data Analysis | Infrastructure
12/24/20 at 3:48PM UTC
Have you asked the lawyers you have been in contact with if they will take something up front and then only get paid more if you win? To me, their answer would indicate how likely you are to win. If a lawyer feels it’s highly likely that you could win a good settlement then they should be ok with this deal. As long as the end result is the non-compete/threat to sue taken off the table + lawyer fees or 3 years of salary + cost of benefits (net to you after lawyer fees) then you should be reasonably well set up.
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