Job Transition to Consulting - legal perspective

Question

Hello everyone, thanks in advance!

I work for a big FMCG in an entry-level position. I recently got an offer from a consulting company (in another country), offering me to start working in June. Since June is so far away, I still didn't tell anyone at the current company about my offer (I plan on telling them 1 month before leaving, been here only 3 months).

Now I've been sent a Contract of Employment from the consulting company asking me to sign it and start working in June.

My only concern is this part of my current contract: The employee can't, without the consent of the Company and during the duration of the contract, work in additional work or be contracted to another company or with another employer (specially if a result would be unfair competition).

So am I allowed to sign the contract with the consulting company? Am I contracted to another company if I sign the contract now, even though I start working in June? How is this problem usually solved?

Answer 1

Hi,

Not legal advice, but rather observation:

1. Consulting companies check if there is a non-compete on their end before sending an offer. You should be safe on that side. Moreover, it's a different country

2. An Offer does not equal working with them or having a contract

3. I haven't seen any FMCG suing analysts. Why would they spend money and a legal budget on this?

Best

Answer 2

If you are 100% sure about the new consulting job, then you must discuss with your current manager and trigger the resignation process. Show honesty, commitment and highest professional standards. How you time the resignation is upto you.

You can accept the new offer and it will take a few weeks for them to do the background checks (if they do that) and you can resign from current company once everythign is 100% confirmed.

Accepting another offer doesnt mean you are already in active employment. The clock doesnt start until you officially start with them on the joining date.

Answer 3

Hi there,

Disclaimer: This is not legal advice

In my personal experience, that clause has meant that I cannot earn $ from another company while at my current company. Multiple times I have signed a contract with a new firm, then informed my current firm, and set a leave day prior to the start date of the other firm.

As long as you do this, you should be fine (but, check with HR of this new company)

Also, congratulations!

Answer 4

Not sure if asking legal advice to a bunch of ex-consultants is wise...

Answer 5

Hello!

TBH, here we can only give you opinions... and here perhaps you are getting into legal trouble. I would run it by a lawyer.

Hope it helps!

Cheers,

Clara

Answer 6

Hi,

I agree with the other coaches. Talking to a lawyer might be best for you.

Hope this helps.

Antonello

Answer 7

Hi there,

My first advice is definetely to talk it over with a lawyer and/or discuss it with your current employer.

But if I have to guess on that one - signing the contract doesn't mean you work for them. As long as your last day of work at the 1st company is 31th and the first day of work at the new company is 1st, I think you should be fine.

Hope it helps!

Cheers,

GB