A reader writes:
I work in a medical/social companies area, through which most employers are nonprofit organizations (suppose alongside the traces 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.) anyplace 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 below $40k/yr doing community-oriented work for this nonprofit. We didn’t have entry to high secret data or leading edge tech. We have been common I-want-to-make-a-difference nonprofit idealists.)
I used to be in my 20s and wished to maneuver to a serious metropolis inside the similar state and proceed my profession. I consulted with an lawyer concerning the non-compete and she or he agreed it was in all probability unenforceable as a consequence of how restrictive it was, however she couldn’t assure I wouldn’t be sued. So I went to the manager director and lied. I stated my mother, who lived within the main metropolis, was terminally unwell (she was not; the truth is, she stays wholesome as a horse and I hope she continues to), and I wished to maneuver nearer to my dad and mom. I defined that I want to proceed my profession and requested for his blessing to take action with out concern of a lawsuit. He agreed to not 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 brand new job with a special kind of group in the identical broad area (suppose human breast milk banking), didn’t get sued, and had a pleasant few years within the metropolis.
Not too long ago I moved again 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 almost a decade of managerial expertise. I’m an ideal match. The pay is nice, particularly for the realm, the work sounds attention-grabbing, and I’m nonetheless passionate concerning the trade. I actually appreciated working for this group, other than the bonkers non-compete settlement. I utilized and was granted an interview, which is arising subsequent week.
So right here’s my query: am I about to commit an enormous mistake by interviewing with an organization I completely lied to? If requested instantly, how will I — or ought to I even– clarify that my mother will not be the truth is useless (as she needs to be 11 years after receiving a “terminal prognosis?”). I ought to by no means admit I lied, proper? In my protection, I solely did so as a result of I wanted to maintain working, and I’m now 14 years into my profession and I nonetheless earn below $60k/yr, 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 concerning the group to some other entity (not that I had any info to reveal).
First, for the file, I’m not blissful concerning the lie. (I’m additionally approach too superstitious to ever make up that form of story, as I’m satisfied karma would promptly make a beloved one sick, however in case you aren’t burdened with that sort of superstitious pondering, extra energy to you.)
However 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 have been making an attempt to limit your capacity to earn an earnings and work in your chosen career with none authentic trigger.
When employers — who’re performing from a place of larger energy than their staff — overreach, they’re asking for folks to be dishonest with them, as a result of that’s typically the one energy staff need to degree the taking part in area. (See additionally: saying you haven’t any plans to go away when your boss asks in case you’re job looking out, even in case you’re actively interviewing.)
So whereas I don’t love the lie, I perceive why you resorted to it: your employer was wrongly making an attempt to constrain your capacity to work. The truth is, as a result of most non-competes overreach and hurt staff, the federal authorities has proposed outlawing them altogether and a few states have already banned or closely restricted them.
As for what to do now … at this level it’s prone to harm you to return clear. “I intentionally lied to garner your sympathy so I may get out of a authorized settlement” carries a really excessive danger of torpedoing your candidacy. All you’ll be able to actually do in case you’re requested about your mother is to say, “She’s doing nice — she’s had a a lot better consequence than we’d feared.” That’s a factor that occurs (hell, it’s taking place to my household proper now, though my mother nonetheless has a terminal prognosis) and it’s impossible that the corporate will go poking round within the particulars. And actually, 11 years later, they might not even keep in mind a lot about it. You’ll virtually actually be high quality.
Don’t lie about members of the family being unwell once more although! This was your freebie.
