I totally agree with Ajay. The best way to avoid employees leaving and joining competitors is to put in a clause in appointment letter that for atleast 3 years from the date resignation, the candidate cannot join any competitor.
Regards
Kalyani Suri

From India, Hyderabad
Dear All
If I can have my way, anyone that is in cahoot with the ex-HOD has to go. But my big boss is a very soft-hearted person. The wrong doings of this HOD was discovered a year back. Both the big boss and his GM "mentored" and "counciled" him for over 6 months. They only decided to dismiss him after a major client called up my big boss to confirm whether the rumors he heard was true or false.
Prior to my posting on this site, I have already strengthened all the policies and procedures. An audit team was also formed for that purpose. Most of the corrective steps recommended here have already been implemented and enforced.
I want to thank all for being so supportive and providing objective opinions. I believe for this concern, I know how to proceed from here.
However, I have a new problem and I will post a new thread for further discussion.
All the best!
Autumn Jane

From Singapore, Singapore
Hi A.J,
Before winding up the discussion, i have an additional suggestion. It is nice that you have now strengthened your mind as to what to do and will go ahead. At the same time since such a good thing has happened like you being there in the company and taking such a considered decision before acting, you should also concentrate now on the other such personnel whom you have in your company who have risen to higher echelons in your industry more out of position than performance/ qualification/merit. Train people to think in a common manner for the betterment of the company and self. They should all be made to make the aim and objective of the company to be theirs and they should each be made into a tool to prevent others from deviating from such thought and act.
This training is most important in a organisation where the owners though in business do sometimes somethings by the heart instead of the head. Your role is very crucial in educating the workmen of the dos and the donts while also enforcing upon the management the practice of being fair and firm. This is most important so as to prevent future mishaps due to mediocre management practices. IT is a good sign that people are promoted from the ranks. But taking a unskilled /uneducated employee to a professional post is to be done after proper training in the skills he is lacking. So Prevention to be adopted for the future, while corrections for the past is being done.
Think it over.
All the best,

From India, Bangalore
Dear Kalyani
Kindly think again before you write.
A great qulity of HR person is - empathy.
Put yourself in other's shoes : Would you be happy if you re asked to sign such an agreement ?
If you are a TV News Anchor, and tomorrow you leave the company (or you are asked to leave the company) you can not join any TV channel for the next three years.??
If someone has a niche talent or profession, then he will join only the same industry, right? That means he has to join a competitor.
Would you be happy if you re asked to STARVE YOURSELF AND YOUR DEPENDENT FAMILY MEMBERS FOR THREE LONG YEARS ????
I don't wish this to be true, but what you have written, comes across as MOST INHUMAN. Why don't you put a life-long moratorium and see whole families die?
I do not wish to think, whether this trait of yours is inherited or acquired by training within family and institutions ??
Regards.

From India, Delhi
Perhaps your company underestimated how valued a leader this terminated employee was? Maybe your company is getting a reputation for not treating people fairly? At our company, our management employment contracts state that we agree not to hire away any company employees for a period of 1 year after our employment is terminated.
Could this situation at your company have been handled any differently so that the outcome would have been perceived to be fairer? In the end, we all get the employees that we deserve.

From Canada, Surrey
Hi I would suggest that give new employment contracts with a bit revision in salary plus no competitor clause in the revisied employment contract that would most probably solve the problem
From Australia, Adelaide
Dear Redstormshadow & Lizancy

This company has a 40 years history but never had a proper HR until 1 year ago. HR was then handled by a very long tenure Senior Manager who at most is responsible for issuing Letter of Acceptance for new hire. The LOA is just a piece of document that states salary, working hours and benefits provided. That's all! These have changed with the many HR initiatives implemented over the 1 year including an Employee Handbook, HR SOPs, Workflow charts, PMS, Grade & Salary Structure and improved communications between staff & management. The reorganization I mentioned earlier is a huge project to structure a non-profit association into a profit company. Because there is a change in business operation status, all employees were issued a new LOA with new terms & conditions - including better salary and benefits aligned to private sector. The no competitor clause is inclusive in the new LOA but only if you are in a Management role.

The 1 year for management is understandable - these staff have accessed to privilege information about the company. Rest of staff not subject to this clause because with their skillsets, they can only work within the same industry and they need to quickly bring back the bread & butter to their family (as rightly pointed out by Raj).

My 1 year experience here has been "jaw-dropping". To the behaviour of these employees, all I can say is "give one inch, they want a yard"!

Autumn Jane

From Singapore, Singapore
Dear All,
After reading the whole stretch of comments and advices to Ms. Jane’s situation I would like to share few points related to this matter. First of all, this HOD which was dismissed surely does have good influencing power to those staff that have resigned or better said that have joined the competitor company (should they fall in). First of all, when an employee is dismissed especially in management level, it should have been communicated accordingly to the staffs. Transparency with some limitation is good to prevent grapevine which the staff might have believed to hoax and having misleading opinions on the management.
Mangales Krishnan
Kuala Lumpur, Malaysia


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