In this series, manpower correspondent Tay Hong Yi offers practical answers to candid questions on navigating workplace challenges and getting ahead in your career. Get more tips by signing up to The Straits Times’ Headstart newsletter.
Q: Someone I admired at work has moved to a new employer and asked me to follow suit. What do I need to look out for?
A: Following a former colleague or manager to a new employer could position you as a key member of the new team that the admired leader is putting together.
The move offers the chance of career growth under a familiar working style, says Mr Nilay Khandelwal, senior managing director for Singapore and India at talent consultancy PageGroup.
“Leaders often reach out to trusted former team members because they value trust and reliability, seek faster integration into a new organisation, and require specialised expertise,” Mr Khandelwal notes.
Still, there are several potential risks to consider.
Even if you are joining a leader you are familiar with, the culture of the new workplace and the leadership style of other people you may need to work with might differ from what you expect, which could cause job dissatisfaction, Mr Khandelwal says.
“There is also the possibility that if the leader who recruited you leaves, your job security may be affected,” he cautions.
Frequent job moves may raise concerns about loyalty and long-term commitment, he adds.
Then, there are the legal restrictions to navigate carefully.
Lawyer Celeste Ang, a principal at the employment and dispute resolution groups of law firm Baker McKenzie Wong & Leow, suggests that employees in this situation review their employment agreement.
Terms to look out for include the notice period or payment in lieu of notice, and post-employment restrictions such as those pertaining to non-competition and non-solicitation.
Non-competition clauses may restrict your ability to join a new employer for a certain period of time.
“Some contracts may contain provisions for employees to disclose prospective employment if such employment is with competitors,” she says.
This means that workers may need to act with caution if the new company is considered a competitor under their current employment contract.
Meanwhile, non-solicitation clauses can restrict you or the former leader from soliciting any clients, employees or other third parties who you may have access to due to your work with the current employer, notes Ms Ang.
Those who try to recruit former colleagues may be breaching terms on non-solicitation if the employee being approached falls within the scope of the restrictions.
In addition, “an employee is bound under law by an obligation of confidence, regardless of any express confidentiality obligations”.
Misappropriation, unauthorised usage or disclosure of confidential information belonging to the former employer in connection with the work of the new company may also form a breach of either the contract or the wider law.
Ms Ang adds that the courts here have recognised maintaining a stable and trained workforce as a legitimate interest of an employer that merits protection via contractual restrictions.
That said, not every case of an employee following a former leader to a new company is wrongful.
Overly broad restrictions may not be considered reasonable enough to be enforced when you are making this career move.
These include restrictions that apply to all employees, regardless of their level of contact with the former leader, whether their duties and responsibilities are integral to the employer’s operations, or whether they handle any sensitive, proprietary and confidential information.
You are also generally not obliged to inform your current employer about being approached unless your contract specifically requires it, says Ms Ang.
Be sure to check if your current contract spells out that you need to disclose prospective employment with competitors.
Honour any enforceable non-competition or non-solicitation clauses that may temporarily restrict your activities as well.
More broadly, Ms Ang suggests: “Document your transition properly, return company property, and maintain professional communications throughout.
“For complex situations with significant restrictions, consider seeking legal advice to ensure compliance with Singapore employment laws while preserving your career mobility.”
Mr Khandelwal observes that poaching is more prevalent in industries such as technology, start-ups, banking, finance, consulting and sales.
Ms Ang notes that companies are particularly sensitive to poaching when they have specialised talent, valuable established client and other third-party relationships, and highly proprietary and confidential information that competitors could exploit to their detriment.
Mr Khandelwal has some advice for job seekers: “Before accepting any offers, candidates should evaluate company stability, career prospects, role expectations, compensation and legal implications.”
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