The fundamental purpose of this book is to provide a practical and useful "how to guide" for people who are deciding whether to leave their current employer and join a direct competitor, and for companies involved in the hiring and recruiting process. Many employees are subject to so-called Non-Competition Agreements and, consequently, already understand that there are significant risks, legal and business, when transitioning jobs. However, what most do not appreciate is that there are a host of laws and protocols, having nothing to do with whether an employment contract exists, that govern the way one may properly prepare to leave and the manner in which the hiring company can bring the new hire on board.
Every year millions of people voluntarily leave the company for which they work to join a direct competitor. Additionally, over the course of a typical working career, a person is likely to change jobs upwards of seven times, and of those moves at least four or five will involve joining a direct competitor. Millions more every year consider, perhaps explore, the notion of quitting their jobs in order to join the competition. All such undertakings, even if the decision ultimately is made not to leave, bring great legal and litigation and business risks; risks that can result in large damage awards, injunction orders and general corporate disruption and turmoil. This book offers important guidance and practical tips on how to avoid or minimize those risks.