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Any lawyers out there?

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  • Member since
    February 2003
  • From: Green Bay, WI USA
Any lawyers out there?
Posted by echolmberg on Thursday, June 5, 2014 6:26 PM

Hi guys!

Today I had my annual performance review at work and the most interesting thing happened.  A teeny back-story.  My boss knows that I'm taking classes at night so I can get a degree so I can possibly get another job from a CAD Designer to a product engineer.  I have made him aware of a job within my company for which I applied.  At the same time, I also applied for, and had an interview with, another job outside of my company.

Apparently the head of the company with whom I interviewed ended up talking to the head of MY company saying that I had interviewed with them.  Word trickled down through several managers and then finally down to mine that I had interviewed with another company.

Here's my question:  Is this right?  When speaking with the other company's HR lady, I told her that I can only assume my application to their company would be treated confidentially.  She said yes, it would be.  But now someone within her company leaked it to the ownership of my company that I interviewed with them.  Needless to say, I can't help but wonder if my company could let me go figuring that since I interviewed with another company, that I must be all too eagar to leave.  I'm actually not "eager" to leave.  I just want to explore the possiblities be it inside or outside of my company.

Do I call the company with whom I interviewed and voice my anger at the lack of confidentiality?  Do I contact the owner of MY company and voice my displeasure at how he spread the word down through management?  Am I just stuck between a rock and a hard place and simply hosed?

What are your thoughts on this?

Thanks!

Eric

 

  • Member since
    April 2009
  • From: Longmont, Colorado
Posted by Cadet Chuck on Thursday, June 5, 2014 6:46 PM

Don't open a can of worms, and stay away from lawyers.  Keep looking for the advancement you are seeking, you have a right to do that.  I would just keep my mouth shut about your current situation.  Good luck to  you!

Gimme a pigfoot, and a bottle of beer...

  • Member since
    February 2003
  • From: Green Bay, WI USA
Posted by echolmberg on Thursday, June 5, 2014 7:09 PM

I totally agree about the keep looking part.  Well, I'd like to but now I'm kind of nervous if there's no professional confidentiality.

Eric

  • Member since
    November 2003
  • From: State of Mississippi. State motto: Virtute et armis (By valor and arms)
Posted by mississippivol on Thursday, June 5, 2014 7:48 PM

Sounds like someone called for a reference on you. It's hard to keep it quiet, I'm starting on the same journey after 24 years with my current employer; so I suspect that someone will become wise at some point. It will be a true character test of your superiors as to how they handle it, I only hope they act honorably towards you. I wouldn't make too much of it with either your employer or the other company.

  • Member since
    February 2003
  • From: Green Bay, WI USA
Posted by echolmberg on Thursday, June 5, 2014 9:25 PM

mississippivol

Sounds like someone called for a reference on you. It's hard to keep it quiet, I'm starting on the same journey after 24 years with my current employer; so I suspect that someone will become wise at some point. It will be a true character test of your superiors as to how they handle it, I only hope they act honorably towards you. I wouldn't make too much of it with either your employer or the other company.

I couldn't agree with you more.  Your sentence about how they handle it will be a test of their character rings true.  I'm going to hope for the best but I'm always worried when I have to rely on human nature.

Thank you for the level-headed words.  Good luck in your search as well!

Eric

  • Member since
    January 2013
Posted by BlackSheepTwoOneFour on Thursday, June 5, 2014 10:36 PM

No on the lawyer. I'm in 100% agreement with mississippivol on this one.

  • Member since
    April 2009
  • From: Longmont, Colorado
Posted by Cadet Chuck on Thursday, June 5, 2014 11:41 PM

Another word of advice, if I may.  Never trust anyone in the HR departments.   I dealt with many of them during my brief career as an independent recruiter.  (Unfortunately, you will have to deal with them in the process of changing jobs.)

Gimme a pigfoot, and a bottle of beer...

  • Member since
    September 2012
Posted by GMorrison on Friday, June 6, 2014 3:10 PM

Follow your instincts and tell your boss honestly how you feel and why you looked outside the walls. Nothing wrong with that. If they like you they will MUCH rather have a shot at keeping you than getting your resignation letter.

 Modeling is an excuse to buy books.

 

  • Member since
    March 2007
  • From: Northeast WA State
Posted by armornut on Friday, June 6, 2014 5:42 PM

Own it, no one says you can not look for another job, you do have the option of not accepting the new position. If your current employer asks about what is going on be honest, let his(her) way of questioning guide how you respond that said BE POLITE expressing anger or displeasure may find you in the soup line. No lawyers needed

we're modelers it's what we do

  • Member since
    February 2003
  • From: Green Bay, WI USA
Posted by echolmberg on Monday, June 9, 2014 9:05 AM

Thanks for all the input, guys.  I'm going to start by saying that I was a bit miffed when I heard about how word spread throughout management here at my company.  People who had never heard of me in the 15 years I've been here now suddenly seem to know who I am.  I think I phrased the subject of this post a bit harshly when I asked for a lawyer but it really bothered me when I had been given assurances of confidentiality one moment and then suddenly it seemed like my application was public knowledge the next.

I have been up front with my boss and he knew in advance of my application to another position within my company.  It's not that I dislike or am trying to get out of where I am.  It's just that I'd like to explore other avenues in life.  I hope, and I do believe, he understands the difference.

I still feel paranoid whenever I pass my boss's boss or even my boss's boss's boss in the hallways.  Even the admin assistants who seem to know everything that's going on.  Each time I pass any of them, all I can wonder is "Do THEY know I applied elsewhere?"  Then it makes me paranoid.  I can't help but wonder if they've placed me as the next person in line if the chopping block should come out.

Eric

  • Member since
    November 2013
Posted by Spitfire on Monday, June 9, 2014 11:00 AM

I am.  Any precise answer would depend on the State you're in, however, generally unless you executed a confidentiality agreement with the potential employer they are free to inquire of your current employer.  It's your current employer that has to be careful with what they say to the potential employer or they could create a scenario in which you could seek damages against them.

  • Member since
    May 2003
  • From: Greenville, NC
Posted by jtilley on Monday, June 9, 2014 1:52 PM

In the academic world this sort of thing happens all the time. Last year I got a phone call from a guy who worked at another university, asking me what I thought of our current dean. Nobody here knew the dean was job hunting, but he'd applied for a position at that other university. (I gave him a glowing reference, but he didn't get the job. Some time later he left ECU anyway. So did I - via "phased retirement.")

We had another, rather ridiculous case in my own department. We had a young man who'd been with us for about four years, and was making good progress toward tenure. (To get tenure takes six years.) Somebody happened to be surfing on the Notre Dame website, and was rather surprised to see that this guy was listed as teaching a course there the following semester. He'd interviewed and taken a job there without giving anybody in our department a hint - or bothering to resign from ECU. Needless to say, he got an earful at the next faculty meeting.

I don't think there's anything unethical about a potential employer contacting a potential employee's current employer - unless some sort of confidentiality agreement is in place. Such things can work to the employee's benefit. It isn't necessarily a bad thing for one's boss to know that one is thinking about ways to move up the ladder. If I were the boss, and I found out that a valued employee was job hunting, I'd think seriously about giving him a raise.

Youth, talent, hard work, and enthusiasm are no match for old age and treachery.

  • Member since
    March 2007
  • From: Northeast WA State
Posted by armornut on Monday, June 9, 2014 1:53 PM

With alittle more of the back story sure it is an uneasy feeling however if the folks mentioned do not have an issue with you and you are well liked my GUESS  would be they would wish you the best of luck in your new endevor, if you haven't burned the bridge you havee nothing to worry about. Privacy like freedom are but illusions us honest people hold other people accountable for.

we're modelers it's what we do

  • Member since
    April 2009
  • From: Longmont, Colorado
Posted by Cadet Chuck on Monday, June 9, 2014 6:44 PM

Years ago, after being layed off from a good job,  I found I was "blackballed" by an old boss or someone else who didn't like me, whom I listed as a reference on my resume.  Several companies expressed serious interest in me, and then all of them suddenly refused to return my follow-up calls.  I think I know who did it, but had no proof.  I never recovered from that.  Fortunately, I was able to retire about that time, so I hung it up.  If I had proof, that guy would be doing jail time now.

Gimme a pigfoot, and a bottle of beer...

  • Member since
    August 2008
Posted by tankerbuilder on Tuesday, June 10, 2014 6:04 AM

You Know :

  This brings up something I hadn't thought of in years . In the late seventies I was getting ready to tender my resignation from where I was employed  .Reason : well , after hours work was going along so good , I had applied to incorporate and go out on my own . My employer found out about three weeks before I was ready to make that move

.

     He terminated me for being disloyal to the company ! My new business was as far away from that company as you could get .They built aircraft components and my new venture built custom homes ! Best thing that could've happened actually .There were some lean times and stiff competition , but I came out on top with the help of very strong , loyal employees . So much so I branched out into other things .

   Lost all the cash I had in the stock market brouhaha some time ago . That's alright , I had been building models on commission for about twelve years then ( after hours ) and just let that pay the bills .

     I scraped along for a while , with the wife's blessings , and after she passed , the thing took off . Second wife was fascinated by my model thingy's .( Her words ) . Now , She has joined the angels too .  Still , expecting , confidentiality to mean something is Not the same as back then !  There are those that feel they don't have to keep their mouth shut and Gossip is their hobby .Sometimes it gets back to you  .Most times no . Now , if asked be truthful , hold that temper .and just be glad it's out and done . My wives were brought up because neither one would tell folks what I was doing in the shop at night .Their reply was  " some kind of government technical book thing , I think " That shut most folks up , because they thought I was a tech manual writer !

   You'll be alright if you keep this in mind  .If I was your employer , the fact you want to move up to more responsibility and skill shows you are not a clock watcher ! Good Luck

  • Member since
    April 2005
  • From: Piscataway, NJ!
Posted by wing_nut on Tuesday, June 10, 2014 6:53 AM

Ahhhh... the joys of being self employed.  All direct employer/employee confrontations take place daily in the mirror while I (we) shave.  All interdepartmental meeting are in my truck.  Sometime the boss is a real jerk wad and the employee as useless as you know what on a bull.  Sometime I quit.  Sometimes I get fired.  End of the day all the work gets done.

But having spent too many long years dealing with the stuff that happened I have to agree, for all the same reasons stated, no lawyer.

Marc  

  • Member since
    February 2003
  • From: Green Bay, WI USA
Posted by echolmberg on Wednesday, June 11, 2014 9:17 AM

I just wanted to thank EVERYONE who commented with their level-headed words and shared life experiences.  It has all been taken to heart.  Your remarks have made it easy for me to move past this and "settle down" as it were.  

I'm a firm believer in that the stuff that happens in life, whether good or bad, all happens for a reason.  I believe that while I may be upset that somethingdidn't happen the way I wanted in life, it often lays the groundwork for something else further down the road.  I believe that but sometimes I need to kick myself in my own shorts so that I can remember that.  Or, in this case, I needed to hear the words from others.  So, again and with the utmost sincerity, thank you all for sharing.

Eric

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