Dear Members,
Could you please suggest me if an employee has resigned and is joining the competitor, then what can an organization do? Please reply with the answers which are practical and logical.
I have got few answers like employee can be sued in such a case since it is written in the employee handbook (HR Policy) that no employee can join a competitor till 2 years of resignation.
My question is let us say in my organisation which is a pharmaceutical KPO, employees are all M.Pharm and hence if they join some other company, it would probably be some competitor who is doing similar kind of work.
In such a case it is very obvious that an employee will join similar kind of an organisation. He/she will not sit at home for 2 years to be completed and I do nt believe that they can not join similar company.
Moreover, if an employee does not wish to tell his/her current organisation about his/her new organisation which they will be joiing. Let us say they give some other personal reasons for resignation and the current organisation later on (after the acceptance of resignation) gets to know that the employee has lied and that they are joining soem other company (probably competitor) can teh current company dismiss the employee on the basis of breach of trust or dishonesty?
Your suggestion/comments would be very helpful.
Thank you.
From India, Delhi
4Could you please suggest me if an employee has resigned and is joining the competitor, then what can an organization do? Please reply with the answers which are practical and logical.
I have got few answers like employee can be sued in such a case since it is written in the employee handbook (HR Policy) that no employee can join a competitor till 2 years of resignation.
My question is let us say in my organisation which is a pharmaceutical KPO, employees are all M.Pharm and hence if they join some other company, it would probably be some competitor who is doing similar kind of work.
In such a case it is very obvious that an employee will join similar kind of an organisation. He/she will not sit at home for 2 years to be completed and I do nt believe that they can not join similar company.
Moreover, if an employee does not wish to tell his/her current organisation about his/her new organisation which they will be joiing. Let us say they give some other personal reasons for resignation and the current organisation later on (after the acceptance of resignation) gets to know that the employee has lied and that they are joining soem other company (probably competitor) can teh current company dismiss the employee on the basis of breach of trust or dishonesty?
Your suggestion/comments would be very helpful.
Thank you.
From India, Delhi
or can the current company force the employee to tell them which company are they joining?
From India, Delhi
From India, Delhi
Some Companies ensure that their employees do not join their competitors by getthing their employees to sign a Confidentiality Agreement which binds them as per terms and conditions stipulated therein.
In such cases an employee leaving his current employer and joining a competitor may find trouble brewing for him if the Confidentiality Agreement so stipulates. He may even face legal action by the Co. which he may try to defend in a Court of Law.
Yes, I agree with Mr. Khola that the current employer cannot force an employee who has submitted his resignation, to revela the name of the Co. he is planning to join. The employee is within his lwaful rights to state personal reasons for leaving the Co. and later joining up with some other Co. Non disclsoure of the name of a prospective employer does not amount to breach of trust.
Best Wishes,
Vasant Nair
From India, Mumbai
In such cases an employee leaving his current employer and joining a competitor may find trouble brewing for him if the Confidentiality Agreement so stipulates. He may even face legal action by the Co. which he may try to defend in a Court of Law.
Yes, I agree with Mr. Khola that the current employer cannot force an employee who has submitted his resignation, to revela the name of the Co. he is planning to join. The employee is within his lwaful rights to state personal reasons for leaving the Co. and later joining up with some other Co. Non disclsoure of the name of a prospective employer does not amount to breach of trust.
Best Wishes,
Vasant Nair
From India, Mumbai
dont Waste Time chasing employees who no longer want to belong to your company, as it would cost you both -Time & Money........instead in future prepare a team-building activity of purpose ....keep employees motivated.....create retention strategies....thats all what an HR can do maximum......tommorrow even if you being an HR wish to jump to another company, very little can be done to bring you back!!!!!!!!!!!!........................rgrds
From India, Mumbai
From India, Mumbai
Hey Employee can join the similar firm but the question is whether employer going to hire an employee of a competitor firm or not. There are several people who have done this earlier and had no problems with their last employer but yes there is a clause in the contract of an employee that he/she cant join the similar firm till a particular time but there is no boundation of time i.e. 6month or 2 years...
And yes if an employee does not wish to tell his/her current organisation about his/her new organisation, he/she can give several reason of his/her resign that he/she will not going to be server the present org anymore but yes as an employee have to submit his/her releaving certificate to the new organization and have to give the refrnc of their past employment, can create a problem but i dont think the company will dismiss you while they need the peoples of their competitors.
Second, there are several industries who are not hiring the people from competitor firm and have also experience one in my past but by the grace of GOD i have no problem with my current employment.
From India, Gurgaon
And yes if an employee does not wish to tell his/her current organisation about his/her new organisation, he/she can give several reason of his/her resign that he/she will not going to be server the present org anymore but yes as an employee have to submit his/her releaving certificate to the new organization and have to give the refrnc of their past employment, can create a problem but i dont think the company will dismiss you while they need the peoples of their competitors.
Second, there are several industries who are not hiring the people from competitor firm and have also experience one in my past but by the grace of GOD i have no problem with my current employment.
From India, Gurgaon
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