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Some company (company B) found me on LinkedIn and sent me a job position and asked if I wanted to apply or if I knew of someone who did. I looked into it, got the interview and an hour later got a call with the offer. I informed my boss and my two supervisors. The last supervisor is seemingly upset that another company asked me to apply when I told her I was leaving. I have a 6 month commitment with the company which ends before my “three weeks” left are up.

As far as I understood, my 6 month commitment was a non compete within those 6 months and I couldn’t leave if I didn’t pay back my training. I could leave after 6 months without issue.

My question: Can Company A get upset and take legal action against me or Company B??

  • 7
    For your sake, I hope you waited until you had a written offer before informing your boss. – Dan Pichelman Oct 30 '18 at 20:04
  • Can you advise what country you are in and details regarding your 6 month commitment? Typically, a 6 month commitment indicates what happens after 6 months (i.e. can start using PTO or minimum time before you're not liable for moving expenses the company may've expended to hire you). – Pyrotechnical Oct 30 '18 at 21:23
  • I recall in my 6 month commitment was just to stay with them before having to “pay” for my training. I have them a 3 weeks instead of the minimum 2 weeks. I’m in the US. – noone Oct 30 '18 at 21:40
  • Dan- I did get a written offer – noone Oct 30 '18 at 21:40
  • This question really needs a country tag. The answer in the US might be different from the answer in India. Also, for matters of law, you'll get better answers at law.stackexchange.com – David Thornley Oct 31 '18 at 17:46
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If you apply for another job, and give notice the same way anyone in any other job would normally do it, I don't see how they can be angry at you. Most decent employers understand that employees come and go over time, and that it's unlikely that an employee will work for them their entire life.

I suppose it all comes down to what is stipulated in your contract and local contract laws.

If you have given the minimum necessary notice as required by law and your contract, you should be fine, although, if your contract has a restraint of trade clause, your employer might have a case. If they do have a case and decide to take recourse, they would do so against you, not Company B.

However many would argue that a restraint of trade clause is anti-competitive, but the success of that argument would depend greatly on where you are from and what the exact stipulations of the agreement are.

4

They can be upset, sure.

Can they do anything legally?

Only if:

  1. You are under contract.
  2. You signed a non-compete.
  3. The company that invited you to apply under false pretenses
  4. The company that invited you to apply broke local laws

Other than that, they can pitch a fit all day. Tantrums are not cause for legal action.

  • 1
    and for 2 only if the noncompete is enforceable – Neuromancer Oct 30 '18 at 21:41
  • Indeed, if I were OP I would either speak to legal representation to see if they have any legal case against me, or perhaps as HR/legal at the new company to look over the contract from company A to ensure all is above board. – delinear Oct 31 '18 at 13:42
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Can company A get upset and take legal action against me or Company B

Yes of course Company A can get upset.

Company A has no legal recourse against Company B.

Any potential legal recourse against you depends on the contract you signed with them, your local laws, and how much Company A actually cares. Basically, it depends on the details behind your "I have a 6 month commitment with the company".

  • As far as I understood, my 6 month commitment was a non compete within those 6 months and I couldn’t leave if I didn’t pay back my training. I could leave after 6 months without issue. I explained to my boss before and she just asked me what was in my commitment without issue. It’s one of my supervisors giving me a fuss. – noone Oct 30 '18 at 21:42
  • Yes I am in away. But it’s in a different city and they are more specialized to one group. When I told my boss, they had no complaints. Just asked if I remembered what I signed on the commitment and if I can stay an extra week. One of my supervisors is the one upset about it. – noone Oct 31 '18 at 2:23
  • @JoeStrazzere I think the important part is not the non-compete for six months, but paying back the training. I've heard of agreements like "you get this training now, and either work for us for the next X months or pay us $Y". – David Thornley Oct 31 '18 at 17:49

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