Posts Tagged ‘executive recruiting’

IT Leaders Want To Know About : Non-compete Clauses

Thursday, June 4th, 2009
Noncompete Clauses Can Be A Hassle For IT Leaders

Non-compete Clauses Can Be A Hassle For IT Leaders

(Hopefully it goes without saying that I’m not a lawyer and this blog posting is in no way to be considered legal advice. If you’ve got further questions, go get yourself the best lawyer your money can buy…)

Did you even know that something called an “Non-compete Clause” existed? It turns out that you may have signed one when you started your current job (it differs from company to company). This piece of paper basically spells out the legal agreement between you and the company – they want you to stay and they want to scare you into not leaving.

What Is In A Non-Compete Clause?

Willie Jones over at the IEEE’s Spectrum magazine has been doing some digging on just what non-compete clauses mean. Non-clauses were invented in order to protect a company’s intellectual property. Basically they don’t want employees leaving and divulging trade secrets to their competition.

Once again, this is going to differ from company to company. A non-compete clause generally has 3 basic types of limitations built into it: geographical, time, or line of business.

How Do Courts Feel About Non-compete Clauses?

You would think that once you have signed one of these things, that’s it, right? Well, not really. Courts take a hard look at such contracts. In each case when there is an issue, the courts try to balance the issue of trade secrets being divulged to a competitor against an employee’s basic right to work. Courts try to make sure that a non-compete clause does not place an unreasonable restriction on a worker’s ability to earn a living.

If a court does find that you signed a non-compete clause that was too restrictive, then they can void the clause – you are free! Note that where the case is being heard is important – in California, courts often refuse to enforce such agreements.

What This All Means To You

If you decide to leave your IT job and you’ve signed a non-compete clause you need to be aware of what the ramifications may be. If you go work for a firm that is competing with your current employer and you are going to be doing the same sort of job, then there is a good chance your old employer will go to court to stop you from working for the new company.

How successful they will be is unclear before the trial. A lot depends on what state this is taking place in and just how restrictive the non-complete clause that you signed was. Once final point to consider is that when push comes to shove, your old employer may not want to risk having its trade secrets come out during a lengthy trial. These are all things to consider carefully as you work to transform yourself from an IT manager into a true leader.

Questions For You

Do you know if you signed a non-compete clause when you started your current job? How restrictive is it? What does your company do when someone leaves to go work for the competition? Leave me a comment and let me know what you are thinking.

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What We’ll Be Talking About Next Time

I bumped into one of my longtime friends last week, Mark, and he told me how unhappy he was at his IT job. He was feeling a great deal of guilt over this because his firm had just had yet another round of layoffs and he had been spared. He still had his job, but he hated it. What’s an IT Leader to do in this situation?

Shh! How To Keep Your IT Job Search Secret…

Wednesday, February 18th, 2009
IT Leaders Need To Always Be Searching For Their Next Job

IT Leaders Need To Always Be Searching For Their Next Job

Do you plan on working at your current IT job forever? Nope, I didn’t think so. In fact, there’s a very good chance that you won’t be working for the company that you are currently working at forever. What this means is that you’ve got to start that search for your next job now. Oh, and you’ve got to keep it a secret…

Sometimes we IT leaders get just a little bit too caught up in ourselves. This happens when we think that our technical skills or job experience will do the speaking for us when we next go looking for a job. Bad news, finding your next job won’t happen this way.

The key to a successful IT Leader’s job search is to prepare for your next job long before it becomes necessary to go looking for it. You know what I’m going to say next: you’ve got to keep up with what’s going on in your professional network. This network needs to include people both inside your current company as well as outside it. Keeping up with your network is important because you don’t want your networking activities to suddenly trigger suspicion among your coworkers.

It is possible to keep the search for your next job invisible. The key is to make sure that you are always meeting with professional contacts, attending industry gatherings, and (of course) being active on social networking sites.

This being said, you can overdo the social networking thing. For example, in LinkedIn updates on changes to your account are sent out to your contacts. Fellow workers may start to notice it if you all of a sudden start to gather new recommendations to your LinkedIn account. Not just social networking can be a tip off, if you dramatically improve how you dress in order to combine your current job with interviews, then your coworkers are certain to notice.

This all leads to the most delicate of questions: when should you tell your current boss that you are planning on leaving? I can answer this one for you: as late in the process as possible. Since you can never really be sure how your current employer is going to react to your announcement that you are leaving, it’s best to provide yourself with as much time to get your act together as possible. My suggestion here is to make it so that if after you make your announcement your boss blows his / her top and angerly orders you to leave the building, you are ready for it.

The second most delicate question has to do with what you should say if your company (or boss) conducts an exit interview with you. When I left my first job, I was young and naive. When they asked me what I would have changed in my old department, I opened up with both barrels. Not a good idea!

Only as I’ve grown older have I come to realize that the real purpose of an exit interview is to detect if the company is going to be facing any discrimination lawsuits. What you say about your boss / department / job might get written down, but in the end it probably won’t have much of an impact.

So there you go, IT Leaders should always be searching for their next job. This search should involve talking with real people as well as connecting online. You can keep this search a secret for as long as you want it to be, but make sure that you prepare to leave before you tell your boss that you are leaving!

How do you search for your next job when you are currently working for another company? When do you think that you should tell your current boss that you are leaving? How important do you think that online social networking will be in finding your next job? Leave me a comment and let me know what you are thinking.

Should An IT Manger Be A “Secret Shopper” When Looking For A New Job?

Wednesday, December 10th, 2008
IT Leaders Need To Check Out Both Their Next Job And The Company That's Offering It

IT Leaders Need To Check Out Both Their Next Job And The Company That's Offering It

So let’s pretend for a moment that you are NOT fabulously satisfied with your current job as an IT Leader. You’ve decided that global recession or not, you really, really need to find yourself a new IT job. How do you plan on going about doing this? There is nothing new that I can tell you about Monster.com or Dice.com, writing the perfect resume, or even how to leverage social networks like LinkedIn in order to get an offer. Instead, let’s talk about what you need to do AFTER you get the offer.

When you were just out of school, or when a job that you had suddenly went away, you probably went searching for the first job that would start providing you with a paycheck. However, times have changed. You now actually have a bit of a career going and, assuming that you currently have a job, you’d prefer to not muck it up.

What this means is that your search for you next IT Leader job needs to include a few additional steps that just might strike you as strange – but could very well save your career. Interested? Let’s see what you need to do next.

Once you have an offer from a company, STOP! Don’t accept it right off the bat. Tell the company that you need some time to consider their offer. Two days would be perfect, but you can even accomplish what you need to get done in a single day if you move quickly.

We all know that job descriptions are generally junk – originally created too long ago by someone who thought that they knew what they needed and then transformed into junk by caring members of the HR and legal teams so that nobody would be offended or even know what the job was about. This means that you need to make sure that you can get along with your potential new boss (hopefully you have already talked with him/her). Now you’ve got to find out if this COMPANY is the right company for you.

In a nutshell, if the company makes a lousy product / service and all of their customers are ticked off at them, then this is probably not the best place for you to take your career to. This is the new angle that you need to add to your job search: not just checking out the new job, but also checking out the company that you are considering joining.

How do you do this for an IT job? If the company that you are thinking about joining has retail stores or distributors that carry their products, then this part is easy – it’s time to go shopping. If you were considering joining Bose’s IT department, then you’d want to visit your local Best Buy and check out their home theater section.

Even more important than confirming that Bose products are still available (proof that they aren’t going out of business), would be what you learned by talking to the sales associates. What do they think about Bose products? Do people return them? Are they selling well? Although these are not IT questions, they are critical to making sure that you are joining a growing thriving company instead of a stalling, shrinking one.

If the company that you are thinking about joining does not have their products in retail stores, then you’re going to have to be a bit more creative. Almost all firms have some sort of help / support line. Play the role of a customer and give it a call – how do they treat you? Do some on-line searching for reviews of the company and their products. Look for legal actions against the company – discrimination lawsuits are never a good thing.

At this stage in your IT career, you need to adopt a bigger view of the world when you go looking for your next job. It’s no longer just about the job, but now it’s also about the company that you might be working for…

Did you take the time to check out the company that you are currently working for? How did you go about checking them out? Was the information that you found accurate? Leave me a comment and let me know what you are thinking.

IT Management Challenge: Breaking In A New Boss

Friday, September 19th, 2008
IT Managers Need Tips On How To Handle A New Boss

IT Managers Need Tips On How To Handle A New Boss

A great deal has been written on how IT workers can deal with getting a new boss. For that matter, a lot has been written on what you need to do if you become the boss of a collection of IT workers. Shucks, I’ve even written a lot about how to find out what you’re CIO wants you to do. However, what’s been missing (up until now) is what an IT manager should do if he/she gets a new boss. The challenge here is that it’s not just you that will be evaluated by the new boss as they go about setting up shop, but rather it will be your team that the new boss will be evaluating. What’s an IT manager to do?

Let’s get something out of the way first. As an IT manager your new boss can broadly be placed into one of three categories: fantastic & almost god-like, average, and horriable tyrant. If your new boss falls into the fantastic / tyrant buckets, then you’ve got a whole other set of issues. However, since most bosses fall into the “average” bucket, let’s spent our time talking about what to do with just this type.

There are some interesting questions about why you have a new boss in the first place – what happened to your old boss? Oh, and by the way, why didn’t YOU get your old bosses job instead of this new person? Once again, just to keep things simple let’s push those items off to the side for now. Let’s assume that you’ve never met your new boss before – the hardest scenario.

It can appear to be a daunting task if you try to determine how to win you new boss’ favor before you meet them. In today’s era of a distributed workforce, there’s a good chance that you and your new boss may not be in the same town. This means that meeting them face-to-face should be one of your highest priorities. No matter how good you are at email or how engagaing you may be over the phone, there is no substiture for a face-to-face meeting in order to allow your new boss to size you up. Travel to meet them or have them come visit you.

When you meet them, what will you talk about? The key here is to let them do most of the talking. Your value to your new boss rests on the type and quantity of problems that you can make go away. It really is that simple. The worst situation that you can find yourself in is if your team is in charge of solving problems that your new boss doesn’t really view as being problems! This is why it’s critital for you to let your new boss tell you what he/she thinks their most critical problems are.

Remember the first day of school back in elementary school? Everyone in class was trying to show off for the teacher so that they would gain her affection from the get-go. Things are very similar when you get a new boss, everyone will be trying to get on his/her good side starting on day one. You can improve your odds of doing this if you take a moment and think like a chess master. Your new boss is dealing with exactly the same issues that you are – he/she despertatly wants to “look good” for their boss who put them in this new positon. Your long-term value will be in what you and your team can do to make your new boss look good to his/her boss.

So what DON’T you want to do when you have a new boss? Probably the worst thing in the world you can do is to overwhelm them. Email is easy to send and all too often IT managers start to CC their new boss on every email to show the boss how important the IT manager is. A much better approach is to show your value by creating a condensed summary of what your team is currently working on. Even here there are some dangers: us IT managers like to list each and every little accomplishment so much so that our summary often turns out to be equavalant to  “War & Peace” in length. Keep it short – one computer screen of information should do the trick. Write it in such a way that your new boss now has useful informtation that they could pass on to their boss.

The rough rule-of-thumb is that a new manager has about 90 days to show his/her stuff. You need to be tracking these first 90 days and doing everything that you and your team can to make your new boss shine in that time. Investing in your new boss now will result in a rich payout later on…

How did things go last time you got a new boss? Were you able to clearly communicate the value of both you and your team? Were there any misunderstandings? Did other IT managers steal your spotlight? Leave a comment and let me know what you are thinking.