Job dilema


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tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 24-04-08 10:25:01

Dear CD's,
I have got a confirmed job offer with a competeting company to ours (we both get SOME projects from the same builder) . The company that I have got employment is near my old company and has a staff strength of 30 people. I did not have a chance to see their studio (where the draftsmen work). I would be doing pretty much the same job that I am doing and salarywise I am just getting around 25 cents more an hour. The main reason as to why I am thinking of moveing to the other company is b'cos I am tired of working in the same company for 5 1/2 year and bored of seeing the same boss / manager time and time again.
But I want to play it very safe and legally too. I was wondering if there would be any problems if I take 2 weeks off from the company that I work for (without telling the boss the actual reason) and then working in the other company that has hired me. At the end of 2 weeks, if I like the company , then I will stay there (and resigning without giving any reason) and if not , I will leave the other company and join the same company that I am working for.
My question to Cd's is this:
1. Is this method legal ( I only want to do it the legal way). Is it mandatory that I give atleast 2 weeks notice to my current employer under EI regulations?. I had signed the office policy but it does not talk about any notice period

2. Is it legal to work with a competetor in a way like this? My company all the time treatens to sue employees if they do stuff like this (whether they actually do it or not, I donot know).

Has any Cd experienced similar situation like this which can be shared with us.

Thanks in advance for all answers.

Peace out


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I am a Gents and not a Ladies.


seenappa   
Member since: May 03
Posts: 254
Location: Brampton

Post ID: #PID Posted on: 24-04-08 12:37:28

I guess, you can take two weeks off on the pretext of visiting India;) and start working in the new company.

But..what if your new boss meets your old boss for lunch at the new office and
introduces you saying \"By the way, meet TK our new best employee\":D

I can see one of you getting a major heartattack :jumping

let us know how it goes.

seenappa



jonav   
Member since: Apr 07
Posts: 458
Location:

Post ID: #PID Posted on: 24-04-08 13:03:53

Tk, I think legally morally, both ways it’s wrong. If you want to check the employer's creditability, I'll suggest you meet few of the employees of the company whom you are planning to join and ask them honest questions (how they feel working in there, what's the work experience? etc.). Try getting information from the builder for which both your current employer as well the new employer work for, they may have something to share with you.

What intrigues me is how you'll join the new company without an EOD (end of duty paper)? Please don't jeopardize your current as well your reputation for the new job by lying. It is illegal.

Jona



quest   
Member since: Oct 06
Posts: 369
Location:

Post ID: #PID Posted on: 24-04-08 13:06:58

if you do leave, leave with good reference/s - you do not want to hear like "oh that guy, he was working with us and he absconded suddenly one day...."



hchheda   
Member since: Aug 05
Posts: 2245
Location: Woodbridge

Post ID: #PID Posted on: 24-04-08 13:13:14

TK,

Please correct me if I am wrong, but I was under the impression that you were not 'employed' by your current company, but work as a consultant. If you are indeed working as a consultant, please look up your agreement and/or contract if they specify anything about taking up outside and/or competitor jobs/assignments. If such a clause does exists - then there is no doubt, you cannot take up that job/assignment without informing your current boss. If no such condition exists in your contract, you are free to what you like without effecting the intergrity and confidentiality of your current job/assignment.

If you are an employee, there is no doubt, you CANNOT take up your competitors job secretly - it is illegal and even your new employer will object to it. At the same time you will be generating bad references for your self.

Be confident about yourself and decide. There are risks we need to take in life at certain times and this is one of those times. The risk is 2 ways - either you accept, thats a risk you wont like the new job - if you reject, you risk not grabbing a possible opportunity for a brighter career...

Working in a competitors office secretly will only bring you trouble - you CANNOT succeed.

All the best.

Hiren.



tamilkuravan   
Member since: Jun 05
Posts: 5775
Location: God's own country

Post ID: #PID Posted on: 24-04-08 15:44:37

Jona :
I work for a very small company and I am planning to go to a very small company. We are bound by the rules of Employment insurance only. I donot know anyone working in the company that I am planning to go nor can I wait outside the company to see who is coming out of it to ask them about the company. Again I am not worried about Cedibility, moral duty etc... All that I am worried is if this is legal or not. During my 5 1/2 years stay in the office, I have seen how people were fired / laid off without any warning by the employer

Hiren : I have already written this to you in a PM but I am giving some of the details here again for the record.
I am on payroll in this company. I have not signed any contract / bond. All I have signed is accptance of the office policy which does not talk about joining a competetor nor terms of quiting. A girl who worked in our office, joined another competetor. When she gave 2 weeks notice, the boss asked her which company she was joining. She refused to give the name of the company that she was joining. In another case a talented Architect left the office to start his own practice and our boss asked him to sign a letter in which he promised not to work with any clients of this office for 1 year ( Is it legal to get signature like this anyway?) He signed it but then went on to work with a client of our office before the 1 year period.
I asked my proposed employer if I can give the name of their company to my current employer. Thaey told me that it is not required by law and left it at that.
Again as I had told you, I had asked for $ 1 per hour extra and they refused it. So I told them that I have to think about it. and they have given me approximately 1 month time.

Hope this helps.

Peace


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I am a Gents and not a Ladies.


viggy   
Member since: Aug 07
Posts: 569
Location:

Post ID: #PID Posted on: 24-04-08 16:03:12

If you are quitting after 5.5 years, shouldn't you be getting a hike of more than 25 cents/hr?

I just looked at my employment papers and see that there is a clause against working for any competitor or firms I got to know thru my current firm. If you don't have anything like that signed, then, doubt if there is anything legally holding you back - still no employers, including the new one, will like or entertain the idea and may put your job at risk. Chances are you won't get impacted right away, but later some one can use that to create issues for you.





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