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It all started out great. I left a great large company to work for a very small software firm (< 180 employees) where I already had a good relationship with most of the senior management. I was to lead a project for them that would last about 18 to 24 months then we were all expecting a very large federal client to have an RFP which this firm would have an excellent chance at winning and I would be involved with that.

Long story short is the project I was brought in to lead was terminated by the client two months after I took over. Everyone has sworn up and down it was not my fault and it wasn't. I came onboard 3 months into the project that was already three months behind schedule. Anyway, I was put on another project (square peg ?) but that project is now ending along with another large one and there are excess resources including me that need to go somewhere. The large federal client work is still on the horizon but no where near an actual RFP. So they are having a layoff and being the new expensive guy I have been given my walking papers which includes 5 weeks of notice and 1 month of severance. My boss even sent me a list of firms for which I might be a fit. They were small firms on the periphery of my expertise. The caveat for the severance is that I only get it if I sign a form saying I won't sue them. Fine. Three weeks ago I totally understood and told them verbally I that of course I would not sue. I meant it until I discovered something during my job search.

I happened to run across job listing that was a perfect fit for my skills. Essentially this large consulting firm was hiring someone to help hem go after said large federal client opportunity and they were looking for someone with experience implementing my company's product at another large federal agency, i.e me. So I contacted one of my former directs who works at the firm and who I actually met in our office because they were having teaming discussions with my present company. I forwarded him my resume thinking he might get a referral bonus out of it while making sure the right people see it.

It turns out my company has teaming agreements with at least 8 other vendor teams that prohibit the hiring of anyone from my present firm. Essentially I can't get hired in my niche. I am pretty sure all of my resumes to firms likely to be participating in this deal have been rejected.

Yesterday I approached my boss about this and he acknowledged the teaming agreements (without revealing who they were with). He said he needed to talk with HR and our contracts person about how to proceed.

I feel I am being screwed over big time. Even if they permit an exception for me to get hired how does that get communicated? Sure you can hire him...we don't want him anymore.

Any and all brilliant pieces of advice welcomed.

Feeling betrayed.

 

 

TSJ72's picture
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Don't Sue.  Nothing good can come of it.  At best, you could get more severance, but that is a stretch and would likely be offset by attorney fees.  What will likely happen is that all of the firms that may hire you will find out that you sued because you were laid off and they will never hire you.  

I am not sure how good of a relationship you have with your current management, but if possible, get an exception to the teaming agreements, and have your manager or a higher up recommend you to the other firms. It is unfortunate that you are getting laid off, but if it is communicated that it is for business reasons, and not performance, than it should not be looked at negatively by hiring firms.  If your management is not willing to do this, than you will have to wait until you are no longer with the firm and then contact the perspective employers yourself.  Alternatively, you can look outside of this niche.

Good luck to you.

 

 

 

BariTony's picture

Your situation is bad, but not hopeless. I haven't dealt with this myself, but several of my coworkers have been in similar situations and I can give you some guidance based on what they did. Some of them went on to work with companies that were direct competitors of their former employer who had non-compete agreements in place.

First of all, contact a good employment lawyer. Your goal shouldn't be to file suite, but to identify your options.  Many times, companies claim these agreements are stronger than they actually are. They won't sue you or a competitor because they may not even be enforceable, but they do use them to scare former employees. The law varies from state to state. Some states tend to favor the employers, while in others an agreement like this may not even be worth the paper it's printed on. This is especially true in bad economies. Judges tend not to look favorably on former employers whose agreements are so draconian that their former employees are deprived of the ability to earn a living.

Second, remain calm and professional with your current employer. Ask them if you would be eligible for rehiring since your termination is not performance based. If possible, get this in writing. Better yet, ask if your former employer/manager would be willing to be a reference for you. (Only do this if they answer positively to the first question and you feel that you'll get a positive response from this one. But don't push it!)

Third, use your network to find a good recruiter in your field. A well-connected recruiter will know your employer, competitors, and companies they have agreements with. Explain your situation - it is imperative that you be completely transparent with the recruiter. If your termination wasn't performance based, they can use their personal contacts with their clients to get you considered for the position. What a good recruiter will do is present your profile to the company, have a discussion, and then reveal your identity to them once they're interested. Since the recruiter works for the company and not the candidate, a prospective employer may be more willing to consider you for the position. If you apply without a recruiter, it's just easier for them to say "no" and avoid the hassle factor.

Fourth, your employer can make an exception to this agreement. However, they may ask you to pay for the legal fees. (You might even end up wanting to offer to cover any legal fees up to a reasonable amount as an inducement to get this done if they don't think of it themselves.) If they are willing to make an exception, get it in writing. You'll need to give a copy of that to your recruiter so he can get you in to other prospective employers.

Please let us know how you make out.

 

 

 

 

 

 

 

 

Kootenay_Mike's picture

 Wow, that's a great story. I'd march into the CEO'S office and tell him your story then ask him for help or a job. He was in the same place once, left a good job I bet to start this company. When you got nothing to lose, it's worth taking a chance. Try to Smile a lot when you tell it. I'm sure you have charm or guts. Not everyone gets this chance at adversity. Im imaging when you tell the story of your successful outcome twhich you created by your own hand to your friends. You can go to the lawyer but you signed the contract. And lawyers generally involve engaging in some soul sucking process.

All the best brother, I'll be cheering you on from here.

 

Kootenay_Mike's picture

 Wow, that's a great story. I'd march into the CEO'S office and tell him your story then ask him for help or a job. He was in the same place once, left a good job I bet to start this company. When you got nothing to lose, it's worth taking a chance. Try to Smile a lot when you tell it. I'm sure you have charm or guts. Not everyone gets this chance at adversity. Im imaging when you tell the story of your successful outcome twhich you created by your own hand to your friends. You can go to the lawyer but you signed the contract. And lawyers generally involve engaging in some soul sucking process.

All the best brother, I'll be cheering you on from here.

 

teaguek122's picture

 I agree as well that this is an interesting story, I also want to hear how it works out too. Best of luck!

flexiblefine's picture

This does sound fishy -- it's easy to label this as some sort of collusion or conspiracy, but that's the view of someone unenducated about the labor laws in your jurisdiction. This might be worth spending the money to consult with someone who knows better than we do.

flexiblefine
Houston, Texas, USA
DiSC: 1476

rgosden's picture
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 A place you can ask about the legality of this is http://evilhrlady.org  .. Lots of good advice there.  Since the companies are bidding on federal contracts it is very possible there is both federal and state laws around this.