A reader writes:
I work in a medical/social providers subject, wherein most employers are nonprofit organizations (suppose alongside the strains of a blood financial institution). My first firm, a nonprofit in a mid-sized metropolis the place I labored from 2009-2012, required all staff to signal a non-compete settlement that prohibited us from working for a similar kind of firm or any of our accomplice organizations (say, a medical analysis firm we collaborated with, the lab that carried out our serological testing, and so forth.) wherever else within the state or inside X miles of the state’s border for 2 years after separation. (This contract appeared, and nonetheless appears, bonkers to me. Most staff made underneath $40k/12 months doing community-oriented work for this nonprofit. We didn’t have entry to high secret data or leading edge tech. We had been common I-want-to-make-a-difference nonprofit idealists.)
I was in my 20s and needed to transfer to a main metropolis inside the similar state and proceed my profession. I consulted with an legal professional in regards to the non-compete and she agreed it was in all probability unenforceable due to how restrictive it was, however she couldn’t assure I wouldn’t be sued. So I went to the manager director and lied. I mentioned my mother, who lived within the main metropolis, was terminally sick (she was not; in truth, she stays wholesome as a horse and I hope she continues to), and I needed to transfer nearer to my dad and mom. I defined that I would really like to proceed my profession and requested for his blessing to achieve this with out worry of a lawsuit. He agreed not to pursue authorized motion in opposition to me so long as I didn’t work for a similar precise kind of group. I moved, acquired a new job with a completely different kind of group in the identical broad subject (suppose human breast milk banking), didn’t get sued, and had a good few years within the metropolis.
Recently I moved back to the unique mid-size metropolis. A director-level job opening simply got here up with the unique group. I now have a grasp’s diploma and practically a decade of managerial expertise. I’m a good match. The pay is nice, particularly for the world, the work sounds attention-grabbing, and I’m nonetheless passionate in regards to the trade. I actually preferred working for this group, apart from the bonkers non-compete settlement. I utilized and was granted an interview, which is coming up subsequent week.
So right here’s my query: am I about to commit a large mistake by interviewing with a firm I completely lied to? If requested instantly, how will I — or ought to I even– clarify that my mother will not be in truth useless (as she must be 11 years after receiving a “terminal diagnosis?”). I ought to by no means admit I lied, proper? In my protection, I solely did so as a result of I wanted to preserve working, and I’m now 14 years into my profession and I nonetheless earn underneath $60k/12 months, so it’s not like I’ve been laughing all the best way to the financial institution since I informed The Lie. If it helps, I by no means disclosed something in regards to the group to some other entity (not that I had any data to disclose).
First, for the document, I’m not glad in regards to the lie. (I am additionally means too superstitious to ever make up that kind of story, as I am satisfied karma would promptly make a cherished one sick, however if you happen to aren’t burdened with that sort of superstitious pondering, extra energy to you.)
But your non-compete was ridiculous and overreaching, and it was unethical for the group to attempt to bind you to these phrases — extra unethical, I’d argue, than your lie, on condition that they had been attempting to limit your capacity to earn an revenue and work in your chosen occupation with none official trigger.
When employers — who’re performing from a place of better energy than their staff — overreach, they’re asking for individuals to be dishonest with them, as a result of that’s typically the one energy employees have to degree the taking part in subject. (See additionally: saying you don’t have any plans to go away when your boss asks if you happen to’re job looking, even if you happen to’re actively interviewing.)
So whereas I don’t love the lie, I perceive why you resorted to it: your employer was wrongly attempting to constrain your capacity to work. In reality, as a result of most non-competes overreach and hurt employees, the federal authorities has proposed outlawing them altogether and some states have already banned or closely restricted them.
As for what to do now … at this level it’s possible to damage you to come clear. “I deliberately lied to garner your sympathy so I could get out of a legal agreement” carries a very excessive danger of torpedoing your candidacy. All you possibly can actually do if you happen to’re requested about your mother is to say, “She’s doing great — she’s had a much better outcome than we’d feared.” That’s a factor that occurs (hell, it’s happening to my family right now, though my mother nonetheless has a terminal analysis) and it’s not possible that the corporate will go poking round within the particulars. And actually, 11 years later, they might not even bear in mind a lot about it. You will nearly definitely be high quality.
Don’t lie about members of the family being sick once more although! This was your freebie.
