QUESTION
Work as IT Director in Virginia company. Just recieved and accepted position at another company. New company has formal onboarding scheduled and wants
Asked on Oct 07th, 2011 on Labor and Employment - Virginia
More details to this question:
me to attend immediately. This gives only one week of notice. I provided a resignation letter and stated that due to new employer requesting sooner reporting to new position that I would be unable to provide two weeks notice, but would assist as available on evenings or weekends to help with transition. Old employer is commenting that they are researching legal ramafications that my leaving will harm the business. I had also recently filled an HR complaint against company owner concerning a situation where he asked that I assist in breaking up the marriage of his mistress. HR has balked at providing copy of employment file or copy of complaint. Do they have legal right to say I have damaged the business by leaving. There is no employment contract, verbal or written.
1 ANSWER
Alternative Dispute Resolution Attorney serving Charleston, WV
at
Robinson & McElwee PLLC
Update Your Profile
No, not unless you have signed something that restricts your right to work for another employer in the same business. These are usually called "covenants not to compete" or "confidentiality agreements" and they can prevent an employee of "company A" from going to work in the same or a similar capacity for "company B" where the employee could use confidential business information of "company A" for the benefit of "company B" and therefore harm the business of "company A". If you haven't signed a confidentiality agreement or covenant not to compete, and don't have an employment contract, your former employer usually has no legal recourse if you go to work for someone else.
Answered on Oct 10th, 2011 at 9:54 AM