June 15, 2011

Use discretion when applying for a job with the competition

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Q: There is a position with my employer’s main competitor that I would like to apply for. I have reviewed my new-hire packet, and non-compete agreements were only for consultants (I’m not one). However, I can’t be absolutely positive that I didn’t sign one. Is there a discreet way to inquire? If I didn’t sign a non-compete agreement, what would be the best way to go about applying for this position without my current employer finding out? The offices are located in the same building.
-- A.B., Seattle

Kristen says: If you have reviewed your on-hire packet and didn’t find a non-compete agreement, that may be the best due diligence. I don’t believe you could discreetly ask about one for yourself unless it was under the pretense of reviewing the existing version and asking HR to contrast it against your hypothetical document.

Regarding applying with a competitor, I would recommend looking for a contact there who won’t be a red flag to your current supervisor. HR and recruiting professionals are bound to strict confidentiality ethics, so they are always an option when you are considering a job with the competition. Try using LinkedIn to find someone in those departments, and then have an initial conversation with that person.

Another option is to find a former co-worker who successfully made the transition to your competitor. It doesn’t have to be someone you know personally. Using LinkedIn’s advanced search, enter the competing company as a keyword-search term and your current company in the “company” field as a past employer.

Once you find a name, you can call, send InMail via LinkedIn or get introduced through a connection. Ask to meet for coffee. If the person says yes, he or she might be able to walk you through the non-compete situation and also could serve as an internal referral.

Be sure to meet somewhere other than the lobby Starbucks. Since you are in the same building, I would also refrain from visiting the competitor’s offices, as industry colleagues might recognize you.

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