Thinking About Changing Jobs? You May Get Sued!
This is a reader submission from “Nosaj” (Jason K):
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Just finished reading this article. It really got me stirred up… If you’ve got any reactions or feel it Blog worthy, feel free to use any part you would like.
The basics are: If you’re a professional, you’d better watch out if you ever decide to change jobs. A new legal issue for US IT workers has come. The theory of ‘Inevitable Disclosure’ as applied to the IT worker basically states that if you work for Employer A and decide to jump ship to Employer B, whether you’ve signed a Non-Compete agreement or NOT, Employer A can file a LAWSUIT against YOU to keep you from taking the position at Employer B. - And now you’re out of a job…
What a complete piece of BS!!! Now, more than ever, we are treated by US IT companies as little more than contractors. The days of keeping a job for more than 5 years with a company are essentially over for the vast majority of us. Companies hire and fire regular associates now based solely on their projected earnings statements. IT Workers have mostly adapted to this model by accepting the ‘hire and fire’ cycle, by accepting the ‘outsourcing fad’, and by giving up one of the most precious benefits of a professional career: Stability. Now - it appears we have to deal with LAW SUITS when we attempt to take control of the situation by the only means we have available: The right to work where we please - as expressed by ‘jumping ship’ to hopefully better employment situations.
Where do we go from here? Ever heard of anyone who has been through a mandatory salary reduction? I have. Now, if we were to try to leave such an abusive and/or failing company, they would have the LEGAL option to invoke a lawsuit against us using the ‘Inevitable Disclosure’ argument. How about if we get laid off? Fired? Evil corporations can still invoke this to protect themselves - or - to act punitively against us!
At the very least, if our increasingly communist judicial system is going to allow this, then companies willing to invoke this type of lawsuit against us to protect themselves should be required to pay us our salary + benefits + bonuses + raise schedule for the term they feel necessary to protect their intellectual assets.
-J
