View Full Version : Help me OOT! Help!
OrangeHeat
12-07-2005, 11:05 AM
I have a situation that I need some direction on and need some starting points.
Background: I work for Company A who I have found out wants to downsize me in about a year maybe two. There is a new Company B who is a government contractor who pays very well and has good long term potential. I have insiders who who want to hire me - so far no problem.
Problem: Company B has been hiring a ton of people from ours so our CEO gets himself on Company B's board of director's and instructs them not to hire anyone from our company. I know this because I have source in their HR department, however he has only done this verbally so no proof.
What I need help on:
I have a feeling this type of practice has to violate some sort of law/business rule? Any ideas which and where to look?
Where do I go with something like this and remain anonymous as I still need my job as long as possible?
Any other ehlpful thoughts ideas, etc..
I can't figure out what the hell to google for more info...
Thanks in Advance.
this is pretty standard business practice for two companies to have a no-poaching agreement. not sure what you're looking for.
what about your inside connection, what do they say? they're not getting you the job anymore? is comp A pissed if you interview at comp B?
OrangeHeat
12-07-2005, 11:16 AM
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this is pretty standard business practice for two companies to have a no-poaching agreement. not sure what you're looking for.
what about your inside connection, what do they say? they're not getting you the job anymore? is comp A pissed if you interview at comp B?
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This is a one sided agreement, Company B is a non-profit, and our CEO has been very careful to leave no paper trail. I.e. this is not a formal no-poaching agreement.
Yes Company B people cannot interivew me now and CEO probably know I have application in there.
Orange
4_2_it
12-07-2005, 11:21 AM
Most states have right to work and anti-trust laws. Of course, if nothing is in writing you don't stand a chance and what they are doing might not even be illegal, only unethical.
If you have been told you are being downsized then why not wait until it happens and then join Company B. At that point you won't be an employee of Company A anymore.
OrangeHeat
12-07-2005, 11:25 AM
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If you have been told you are being downsized then why not wait until it happens and then join Company B. At that point you won't be an employee of Company A anymore.
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My company now officially sucks to work for - thats why the exodus. Pay is better at B 401 k matching is 2-1 instead of .5-1. They are a new company and getting in soon means more potential for advancement.
4_2_it
12-07-2005, 11:31 AM
How good are your connections at B? Can you quit A, wait a month and get hired by B?
turnipmonster
12-07-2005, 11:36 AM
quit your job at company A, take 2 weeks off, and give company b a call. less than ideal but you can't always have your cake and eat it too.
--turnipmonster
OrangeHeat
12-07-2005, 11:36 AM
I would but unfortunately my BR and balls are not that big!
Orange
turnipmonster
12-07-2005, 11:43 AM
so you're going to wait until they downsize you?
OrangeHeat
12-07-2005, 11:47 AM
No I will be spreading my resume around. I do have the 1-2 years to find A job. Company B will be done hiring in 6 months so that will be a non-option after that point (I guess it is a non option anyway).
Orange
4_2_it
12-07-2005, 11:48 AM
Look for a company C as a stop gap bewteen A and B?
BoogerFace
12-07-2005, 11:50 AM
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this is pretty standard business practice for two companies to have a no-poaching agreement. not sure what you're looking for.
what about your inside connection, what do they say? they're not getting you the job anymore? is comp A pissed if you interview at comp B?
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This is a one sided agreement, Company B is a non-profit, and our CEO has been very careful to leave no paper trail. I.e. this is not a formal no-poaching agreement.
Yes Company B people cannot interivew me now and CEO probably know I have application in there.
Orange
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I doubt the board members have a list of what resumes are on file.
Most boards just meet maybe a couple of times a year and talk about the company direction/strategy/blah.
Best bet is to look for company C.
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Most states have right to work and anti-trust laws.
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no offense but it's pretty obvious you have no idea what either of those things are.
OrangeHeat
12-07-2005, 11:51 AM
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Look for a company C as a stop gap bewteen A and B?
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Yeah this is probably what will end up happening. It's tough though because my son will be needing a $70K operation next year and getting approved takes time. I don't want to be in the middle of a job jump when it's time.
RunDownHouse
12-07-2005, 11:55 AM
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I would but unfortunately my BR and balls are not that big!
Orange
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Not having two weeks of living expenses saved up is pretty poor financial planning.
4_2_it
12-07-2005, 12:02 PM
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Most states have right to work and anti-trust laws.
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no offense but it's pretty obvious you have no idea what either of those things are.
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You are correct. Anti-trust usually deals with price fixing and other types of collusion. I believe right to work usually means that you don't have to join a union as prerequisite to get a job. I don't know if certian states have ever tried to tie the two together when it come to anti-poaching agreements.
The fact that these agreements are not in writing and not publicized leads me to doubt their legality. If something is legal and common business practice, why go through all the trouble to hide it? I'm not talking about agreements between companies and contractors where these agreements are common (company hires the consultant instead of paying the consulting firm), but situations like Ford and GM agreeing not to hire each others employees.
tonypaladino
12-07-2005, 12:06 PM
There is nothing you can do. The directive not to hire anyone from your company might violatessome sort of restraint of trade law, depending on the circumstances, but it would not be worth your time to fight it and you would have a hell of a time proving it.
OrangeHeat
12-07-2005, 12:09 PM
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I would but unfortunately my BR and balls are not that big!
Orange
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Not having two weeks of living expenses saved up is pretty poor financial planning.
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Yeah your a douchebag. First I have a family of 4, one with medical condition that requires therapy 3x a week. I am not quitting a job with no "absolute" guaruntee of the other period!
That would be poor planning.
Nice assumption jackass.
what trouble are they going to to hide it?
a company can choose not to hire you for any damn reason they want as long as it isn't discriminatory wrt race, color, religion, sex, national origin, sometimes sexual orientation or other reasons.
what do you think the difference is between company B having this policy, and just not hiring people from company A cause they're usually dumb? not much really.
RunDownHouse
12-07-2005, 12:23 PM
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First I have a family of 4, one with medical condition that requires therapy 3x a week.
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Not having adequate insurance is also pretty poor financial planning.
This is not a legal matter.
Your best bet is to work with your insders and within your own company to appeal for a reasonable exception to the policy.
If that doesn't work, threaten to quit and work for company C if they won't let you go to company B.
turnipmonster
12-07-2005, 12:32 PM
agree 100%.
Company A's CEO is likely violating his fiduciary duties as a board member of company B (by setting policy that benefits his other company rather than company B).
Unfortunately, unless you're a shareholder in company B, you have no standing to challenge the matter.
OrangeHeat
12-07-2005, 12:42 PM
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First I have a family of 4, one with medical condition that requires therapy 3x a week.
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Not having adequate insurance is also pretty poor financial planning.
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Yeah another [censored] assumption. I have medical insurance at my job that covers very well. However my son is deaf with a cochlear implant and the therapy is out of pocket so he can learn to speak and function by the time school rolls around.
Your a real gem or piece of [censored].
Orange
OrangeHeat
12-07-2005, 12:43 PM
Tilt/mmcd,
Thank you. Both very good posts.
Orange
4_2_it
12-07-2005, 12:54 PM
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a company can choose not to hire you for any damn reason they want as long as it isn't discriminatory wrt race, color, religion, sex, national origin, sometimes sexual orientation or other reasons.
what do you think the difference is between company B having this policy, and just not hiring people from company A cause they're usually dumb? not much really.
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Thanks for the clarification.
I think the only people who may have a complaint is the stockholders of company B.
OrangeHeat
12-08-2005, 11:25 AM
We have a local news station who does a "your stories" kind of thing everyday. I submitted a description of the situation with contact names at each company. Thanks to OOT I emphasized he was serving on their board and hurting them.
Magically this morning my source has said they got a new directive that everyone is fair game again.
Maybe coincidence, but having a reporter call and ask questions when your a govt. contractor might have helped.
Orange
BradleyT
12-08-2005, 01:19 PM
Maybe the reason Company A is being forced to downsize is because the employees suck and the CEO doesn't want them at company B.
OrangeHeat
12-08-2005, 01:27 PM
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Maybe the reason Company A is being forced to downsize is because the employees suck and the CEO doesn't want them at company B.
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No. In fact Company A has some of the best RF engineers available. They also employ many high level electronic technicians experienced with DOD projects and X band products. Finding experienced people for these positions is not easy. Company A currently has problems getting people to fill the positions it is losing to company B.
Company A is downsizing some fabrication of products that can built in China for less $. The rest of the downsizing I am talking/worried about is a possible strategic partnership with another producer who currently has better equipment (Company A has not invested in it's equipment in over 5 years). They will retain the DOD portion, test, and design locally.
Orange
RunDownHouse
12-08-2005, 01:36 PM
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Maybe the reason Company A is being forced to downsize is because the employees suck and the CEO doesn't want them at company B.
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They sure do seem bad at keeping their finances in order and simple problem solving.
Bravo on the press thing, though, if that's what turned the tide its pretty cool.
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