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  1. #1
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    Aug 2017
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    Offered a new job, until they contacted my current employer..

    [TX] Posted here before about my current workplace and was advised to start looking for a job elsewhere, so I did.

    I work at a company that is really unethical and they also cut my yearly income from $50k to less then half of that. I own a house, a car, etc. and this new decrease in income was making a huge dent in my savings. They have a non-compete (which is unfortunately very enforceable) so I'm limited in where I can work that does similar kind of work.

    Anyway, I applied at a place and got an interview. The interview went amazingly, they told me they couldn't wait to have me on board, gave me a tour of the facility (which is out of the ordinary since the work we do is quite secretive) and introduced me to all the staff.
    I was told I'd be on with them asap, I just needed to speak to my point of contact who had arranged the interview to sort out my training etc. Every time I tried to speak to him over the next couple of weeks he'd say he'd call me back but then didn't. I finally got him to agree to let me call him at a certain time on a Wednesday, but when I called he picked up and hung up on me immediately. I waited a couple of hours then tried again, and he did the same thing. I eventually gave up trying but always thought it was weird. To say I was disappointed would be an understatement, because this was a really good company and I was so excited to work there, and there isn't really anywhere else to go without violating the non-compete (some of my former co-workers have done this and now they're due in court).

    Fast forward to last week and I find out from a co-worker that "a potential employer" called my boss to say I was looking for a new job and had interviewed with them. My boss also pulled me to one side and offered me a pay raise because he'd heard I wasn't happy there, but the pay raise was just my yearly pay raise (which isn't much) being offered early.

    1. I signed a part in their application saying not to contact my current employer.
    2. My current employer has seemingly jeopardized my chance at getting this amazing job.
    What should/could I do about this? If I should post this in a different sub, please re-direct me.


  2. #2
    Join Date
    Jan 2005
    Location
    California
    Posts
    71,240
    Quote Originally Posted by eejit View Post
    [TX] Posted here before about my current workplace and was advised to start looking for a job elsewhere, so I did.

    I work at a company that is really unethical and they also cut my yearly income from $50k to less then half of that. I own a house, a car, etc. and this new decrease in income was making a huge dent in my savings. They have a non-compete (which is unfortunately very enforceable) so I'm limited in where I can work that does similar kind of work.

    Anyway, I applied at a place and got an interview. The interview went amazingly, they told me they couldn't wait to have me on board, gave me a tour of the facility (which is out of the ordinary since the work we do is quite secretive) and introduced me to all the staff.
    I was told I'd be on with them asap, I just needed to speak to my point of contact who had arranged the interview to sort out my training etc. Every time I tried to speak to him over the next couple of weeks he'd say he'd call me back but then didn't. I finally got him to agree to let me call him at a certain time on a Wednesday, but when I called he picked up and hung up on me immediately. I waited a couple of hours then tried again, and he did the same thing. I eventually gave up trying but always thought it was weird. To say I was disappointed would be an understatement, because this was a really good company and I was so excited to work there, and there isn't really anywhere else to go without violating the non-compete (some of my former co-workers have done this and now they're due in court).

    Fast forward to last week and I find out from a co-worker that "a potential employer" called my boss to say I was looking for a new job and had interviewed with them. My boss also pulled me to one side and offered me a pay raise because he'd heard I wasn't happy there, but the pay raise was just my yearly pay raise (which isn't much) being offered early.

    1. I signed a part in their application saying not to contact my current employer.
    2. My current employer has seemingly jeopardized my chance at getting this amazing job.
    What should/could I do about this? If I should post this in a different sub, please re-direct me.
    Keep looking for a new job.


  3. #3
    Join Date
    Aug 2017
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    14
    Quote Originally Posted by Zigner View Post
    Keep looking for a new job.
    The problem is that this is basically the only company I could move to without violating my non-compete or having to change careers entirely.


  4. #4
    Join Date
    Nov 2001
    Location
    Massachusetts
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    38,140
    Still doesn't make anything illegal.


    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  5. #5
    Join Date
    May 2009
    Location
    Tennessee
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    It seems there's nothing you can do now except try perhaps to repair the damage by letting them know you're very interested in the position still, when and if they send you a rejection. And also, very important, by NOT stalking them and trying to browbeat an answer out of them about why you weren't hired. You're getting a little close to that from the sound of this, with your repeated calling back and demanding to speak to someone that you've done already.

    If you had not been interviewed yet, and you are still working, and you suspect your present employer might jam you if they find you're looking for another job (and it wouldn't be too hard, from the sound of this, for them to figure out where) you could've tried to VERY tactfully try to let the people you were interviewing with know that there were some issues, a few things that have led you to explore other opportunities.

    This needs to be done as I said VERY tactfully and very much in a positive way if you can arrange it. But a slight prep for the fact that they might get a poor reference from the old employer, even though you're so bad they've kept you all these years (!) if they ask might be appropriate.

    And that place on the application that asked you whether or not you wanted your present employer to be contacted? Some places honor that, some don't. That's sometimes a big red flag to companies that they SHOULD contact the current employer. What the current employer says may or may not be accepted as God's own truth, but whatever they said, there is nothing you can do to complain about it. Companies are free to hire people or not hire anybody they want to. You will not likely ever be perfectly sure and able to prove this was the reason they haven't hired you.

    In fact, I see nothing that says they've refused to hire you yet, except that they didn't call when you expected them to, and you've been chasing them like mad ever since. This could scare them off totally, when maybe they've just had a slow up in the hiring process for another reason completely. Give them more time without contacting them.


    Last edited by commentator; 10-11-2017 at 02:03 PM.
  6. #6
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    Mar 2005
    Location
    Merida, Mexico
    Posts
    6,057
    Maybe if you found out what your boss actually said to the prospective employer, and if it turned out to be lies, you might have a case for defamation.


  7. #7
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    May 2009
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    Tennessee
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    I think we're way premature for this. And don't really see how on earth he could get the information about what was said and show that it directly kept him from getting the job. From what I'm reading, the new company hasn't even given him an official "we aren't going to hire you" yet. I wonder if his persistent contacting of them may have done more to turn them off than a bad reference? A lot of prospective hires are incredibly unwilling to go home and wait for the prospective employer to call them back.


  8. #8
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    Mar 2005
    Location
    Merida, Mexico
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    Quote Originally Posted by commentator View Post
    I think we're way premature for this. And don't really see how on earth he could get the information about what was said and show that it directly kept him from getting the job. From what I'm reading, the new company hasn't even given him an official "we aren't going to hire you" yet. I wonder if his persistent contacting of them may have done more to turn them off than a bad reference? A lot of prospective hires are incredibly unwilling to go home and wait for the prospective employer to call them back.
    I agree with this. I was just tossing OP a bone.


  9. #9
    Join Date
    May 2006
    Location
    I dunno. What time is it?
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    You stated that your income went from $50K to less than half - meaning you are making $12.50/hour or less.

    Go find yourself a job flipping burgers until the non-compete expires, then go work for a competitor.

    I would have serious doubts as to the enforceability of a non-compete clause for a $12.50/hour employee, but at that level, I doubt you have the spare cash for a lawyer to review it, let alone defend you against a suit.

    Keep in mind that breaching the contract is always a legal option. It's not a crime to breach a contract. You may want to take a risk that your former employer will never learn, or be able to prove, that you have taken employment with a competitor. Unless you have a job dealing with the public, they would probably have no way to find out. They can't simply call up their competitor and ask "Does eejit work for you?". Well, they can, but probably won't get an answer.


  10. #10
    Join Date
    Apr 2002
    Posts
    9,918
    Even though you stated that you did not want them to contact your employer, that was virtually a worthless statement that is going to be ignored because most companies will want to contact the previous employer just to do a reference check. Next time you interview, if you have concerns about the non-compete or anything else, be sure to discuss that with the person who is interviewing you.

    Is it possible that a company you previously worked at (BEFORE you began working with your current employer) might be giving you a negative reference during the background check?

    Do you have a copy of all performance evaluations from the company you currently work with? Would you be willing to ask your current boss or other co-workers for a letter of reference from them just to have the letters in your possession for whenever you DO decide to leave this company?

    You should just be patient and see whether the potential employer is still interested in your skills. Please DO NOT contact them any more and let them contact you.


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