Welcome back to another episode of the corporate Cowboys podcast man we’ll get right into it a little proof of life it’s Saturday April 29 2023 and if you’re not familiar with the form of this podcast treat this as a free 30-minute consultation like you walked by our office and you saw the
Door was cracked open and you’re like you know what Alex doesn’t usually leave this door open yeah I get I try to put these episodes out as frequently as possible but time is money so if I’m being charitable if I’m being generous with it it behooves
You to get your foot in the door because ultimately that’s how you move up in corporate you taking the initiative and acting on it well today’s question it’s as if somebody walked in right they don’t have anybody else really to go to their circle of friends or Associates may not
Be so corporate minded so they want to get some perspective from a corporate Cowboy what would a corporate Cowboy do in this situation the question is coming from r slash career advice and they’re saying the writing I resigned damn okay okay that could be a positive uh positive
Step and a negative step right but it is a formal step maybe you got something lined up on the side maybe uh you don’t maybe you’re leaving because the environment was unprofessional or Unbecoming of a consummate professional in the making any number of reasons right it could
Have become Bad Blood could have been forced inevitable inevitably this happens they write I resigned and the employer the employer is asking for proof of next employment okay okay the employer I wasn’t saying well isn’t that your former employer but you resigned so you haven’t terminated uh employment yet they’re technically
Still your employer technically because resignation doesn’t mean termination right so it’s a notice of resignation and depending on the amount of time you give for your notice at the end of that notice period is when you are officially terminated or when you officially terminate whatever contractual agreement you had whether it
Was employment uh salary or just the independent contractor right you give notice and at the end of that notice is when ties are cut so in that spin in that span of time between giving notice of resignation right formally submitting your two weeks or whatever professional courtesy it is you’re
Giving them it could be a month it could be two days it could be the same day hey I’m leaving I’m bouncing Alex but wait nah [ __ ] this [ __ ] I’m out depending on what the situation calls for that period between you formally giving them notice and that notice finally expiring so that
The employment relationship terminates they’re technically still your employer you’re technically still their employee right so in that span of time if they’re asking for proof of next employment you don’t have to give it to them what the [ __ ] they can’t force you to tell them where
You’re going next you could be going to uh you could in theory be going to the [ __ ] competition right and so long as your employment agreement doesn’t have some kind of uh anti-competitive or or competition provision some non-compete right you’re good to go you’re good to go and
Even then many non-competes are not drafted correctly or they’re not legally enforceable so if they’re asking you it may be for good reason but you don’t necessarily have to tell them you don’t necessarily have to tell them if that were the case they would have drafted it in the agreement there where
If you plan on resigning you must inform them of your next employer so that they can do some kind of conflicts check and find that you’re not um leaving for the competitor but even then if you’re going to another professional outfit that outfit more than likely already has its own conflict
Checks in place so when you come on board they’re making sure that they’re not stepping on anybody’s toes because they don’t want to hire on a liability or a potential liability if they know you’re coming from the competition sure they might poach you and recruit you I mean there’s there’s a number of
Tactics really they might draw you away they might draw you away from the company knowing you cannot compete and so effectively taking out a very capable agent from the corporate War business is war baby you’re born into it get over it right so it serves the same as eliminating
As eliminating an emini and enemy combatant eliminating one from the opposition without having to uh commit to bring in the mod or anything right now there’s also legal causes of action in that too there could be tortuous interference with contractual relations but I mean we’re we’re digging we’re
Digging deep that that’s more higher level thinking right more higher level thinking and strategy that rarely does it manifest and and become reality rarely if you yourself find yourself in that position or you know someone who is or has been within the past I must say a year or two years in most
Jurisdictions and that’s that’s an easy Safe Harbor have them hit us up DM us that’s what we’re here for we’ll try and consult you give you some perspective walk you through it guide you per se if you want to retain us you need legal representation and if
It’s ain’t us we can refer you we can refer you that’s what we’re in the business for we don’t just handle contractual negotiations we handle disputes too and getting them resolved Amica amicably I might add right we wanna we wanna uh terminate relationships on good terms always
Always I’m I’m not a fan of of uh Bad Blood gotta smack my mouth a little bit I’m not a fan of Bad Blood it just smacks of just smacks of iniquity it just smacks of dirt ah okay my mind my mind took off running
And I just kept from saying what it was thinking so let me go ahead and read some of this prompt here and along the way I’ll interject with some commentary and added perspective uh the the template for the most part I mean it’s recommended it’s I insist that you have the clients in
Front of you but because we only have these words to go on we’re banking or a gambling on the fact that they’re writing down and being vulnerable being open with these vulnerabilities this situation that they find themselves in it’s not hard it’s I’m sorry it’s not
It’s not hard to be vulnerable but it’s very difficult to be open and to be concise when you’re asked questions or when you’re asked for information because doing so I mean the clients always wants to be right and sometimes they’re not unfortunately unfortunately regrettably they are not but it happens it happens
So if we have the hypothetical clients if we have the clients in front of us we might better inform an opinion for them some type of advice legal or otherwise of how to approach the situation they find themselves in now a legal disclaimer I got to give it
To you now is that anything anything that’s said or repeated on this podcast you should not construe to be legal advice for you we do not condone or promote any wrongful activity or any wrongdoing we’re not responsible for you having heard this podcast and getting any bright ideas
And so they write here they say hi hi I put down my papers at my current job damn storm on the desk I [ __ ] put my papers out I put my foot down on my papers and they are not oh and they are apparently not happy about it it means
One of two things it means they have to change their modus operandi the modus operandi of how they were when you were there now they have to change up because of you and if we know corporate like we know we do it’s any change equates to more work and if it’s one
Thing [ __ ] Fat Cats dislike it’s more work even if the change is good even if it’s a a net positive they hate undergoing it which is why you see uh capitalism having strayed so far from its pure beginnings the strain of capitalism that exists now I mean it’s infused it’s entangled and
Intertwined with corporate interests and corporate literally meaning bodies of individuals it’s just just inanimate bodies it’s just groups it’s group interests that’s where business is war and you’re born into this corporate war and there’s groups within groups what you think they’re even it’s become further fractalized you think corporate interests are any pure
Than capitalist interests nope nope there’s a ton of infighting in corporate also that’s what shareholder actions are that’s how leverage buyouts and uh takeovers come into play these corporate terms that have been synonymized with terms of warfare something we’re born into it’s something we’re born into and very few wake up to
The reality they’re stuck in The Matrix everybody technically is plugged into the Matrix awoke or not awake or not it’s understanding it’s understanding your relation to the system right and as a corporate cowboy our objective is to empower you to have you level up from just being a lowly
Individual the quote unquote the little guy and move like a corporate cowboy move up to their level learn to shoot from the hit you can negotiate with them directly they don’t want to take the hits face on head on it’s because they’re going to deflect they’re going to say oh we’re not we’re
Not a real human we’re a legal person nameless faceless nope they got names they got faces I’ve seen it I’ve done it and it’s easy it’s easy to be vulnerable it’s difficult to be open so as a faceless nameless I mean I guess my name is Alex
Right but you can hear my voice so I’m letting you know that the hard part really the hard part is taking your good ideas and making them reality step one is understanding what you signed up for and that’s been one of the many overarching themes of this podcast is to
Read what you sign up for sure there’s going to be you know if I can add uh applications and software licenses that you’re just gonna click through like yeah I agree to the terms and conditions you have to understand the worst the worst case scenario is that they own
All the moves that you make right and they could claim legally but in reality outside of the Matrix they don’t they can’t do a whole lot right I mean we’re talking more on the street so any good ideas that you have in your mind are on the street
You don’t want to just whip them out and move through corporate with them unless you absolutely have to and are sure that it’s open and shut up going off on a tangent but I’m getting somewhere I’m getting somewhere let’s continue a bit they write so they put their papers down at their
Current job and they are apparently not happy about it I did not want to divulge too much information about where I’m going since it is my personal decision now now they’re asking for proof of where I am going in the form of a joining letter sounds like [ __ ] [ __ ] I think
This is highly unprofessional on their part how do you think I should handle the situation say no say no now if it’s be mindful though be mindful though that corporate runs on paper still I mean okay technically paper book corporate runs on receipts and Records right granted a lot of receipts and Records
Can also be erased which I have seen so any email exchanges any texts any phone calls that you are uh able to record I’m not going to say legal or otherwise but any anything that you are able to record you want to copy and keep in a place
If you believe that those conversations might lead to uh a dispute further down the road or if those are receipts that you will need to cover your ass to cover your entry to cover your exit so if they’re asking for proof now and it is in writing
Don’t for a second let it slip that you caught them lacking oh they’re being unprofessional no if they ask for it in writing it’s because they want you to have a record of it and I go back to what I said earlier if you had read your employment agreement
And you are obligated to disclose that because of some non-compete provision in your employment agreement you might as well give it up to them regardless if it’s if it’s your personal choice or not you [ __ ] up earlier on by signing on to this employment agreement and maybe
You read it and didn’t think anything of it maybe you read it or maybe you did not read it and never considered it but a non-compete is a non-compete that’s if you’re in a jurisdiction that enforces non-competes a lot of the US doesn’t because it’s kind of a an infringement
On the right to work right and thank goodness we got the rights to work right I mean for a little bit it was flipped upside down on its head there it used to be uh fire at will but [ __ ] smart enough I mean [ __ ] as in corporate Cowboys
Smarten up and learn we can fire back and so now they call it right to work because I mean fire what fire sounds that sounds a little too militaristic it sounds a little too militant [Laughter] but that’s the whole point of watering down language making it all politically
Correct so they can [ __ ] you smoothly and you’ll thank them for it that’s a corporate Cowboy [ __ ] you wanna um you why not go back to season one I think season one episode one it might even be the Skeleton Key when it comes to hustling think
I think in season one I mean those are pretty long episodes they’re like an hour an hour and a half this is this is back when I mean time is still money right but I was just laying down the foundation of the podcast and there was a lot more
Therapeutic a lot more cathartic and drawn out but in today’s day and age a bill I bill for time right so 30 minutes for me that you’re getting is an immeasurable immeasurable in value I mean it cost me 30 minutes of my time but it’s worth
It’s worth I mean if I had to quantify it legally it’s gonna be like what I make in a year divided by 52 weeks divided by a 40 hour work week however many number of hours it is I work and what I charge for them but I’m not the topic of conversation right
You resigning and having to disclose where you’re going is the topic of conversation so if if I was in that position if I was in that position which let’s face it I just might they catch me lacking they catch me uh without my reading glasses I’m being facetious I’m I’m bullshitting
But if I for whatever reason did not read the employment agreement and there’s a non-compete clause in there I better know damn well I better know damn well that I’m in a state or I’m in a country or non-compete clauses are just thrown out they’re just not enforceable
Whether or not you go to the competition otherwise you’re [ __ ] out of luck you will have to disclose it if that means you have to go consult a lawyer then you got to go consult a lawyer it is what it is right you need a
Lawyer hit us up we might be able to refer you depending on what states you’re in but for the most part I mean you can find a lot of this information using your favorite search engine also now if you plan to litigate it or argue against it or or break
Break that agreement to not compete with them you know you better come armed to the teeth and then we’re back on that business is warship yeah at that point you better pull out all the stops you need a lawyer you might need something for yourself what I mean by that is
I don’t know something equivalent to knowledge knowledge is power arm yourself with knowledge if you recall said before arm yourself with knowledge or something similar that you can use to break out of this agreement or have them agree to waive it for you if you go into the competition
Maybe it’s for good reason and they can waive it they’ll be like yes okay fine you can go work for the competition you could move in a way that makes them not waving it miserable for them you can make it you can still make it a a win-lose or
I don’t want to be Petty and go lose lose but there is always a way you could have the company that’s taken you on that’s hiring you on agree to indemnify or to protect you in the event that you get sued right I mean you are the professional you are the talent after
All and if they recruited you and they hired you and your former employer says Alex you piece of [ __ ] [ __ ] now we’re suing you because you know you went to the to their top competition you had something to offer that your former employer didn’t want to pay you for and
Now you’re trying to get paid [ __ ] you we could have used that well well guess what Alex would have stayed if you did pay now look at me sitting pretty I’m sitting up pushing P he said still you want that agreement in writing with your new employer if they agree to um
Indemnify anyone who comes after you to sue you and protect you if anything you can even preempt that and they’ll protect you if you should happen to get sued right so that way you won’t even have to go to court you’re using company money on company lawyers nothing comes out of
Your pocket but again that’s more higher level thinking and strategy where you have to know how to negotiate what to negotiate for what it is you are reading yourself into and at the end of the day you will be signing the data line for so they say
They want they want in the form of adjoining letter and to me it sounds legit I’m airing on the side of legitness that’s legitness I’m airing on the side of it being legitimate because if for no other reason that’s why they’re asking you for that for that offer letter for that joining
Letter because you’re joining another firm and they want to be sure that the firm you’re joining is not in conflict with any of their corporate interests if you’re joining the competition it better be for good reason it’s more money and more cover less liability those are probably the three
Reasons that you would be leaving at this point More Money More cover as in more professional cover opportunities resources and less liability you want more freedom more Liberty I mean we’re talking within the corporate system the us as a whole the government is a corporate is a is a
Corporate entity right I don’t want to dive in into that needle stack but it’s a corporation also in and of itself and you move up those rungs it comes with different degrees of power and control and Authority but at the end of the day everyone is entry level forever [ __ ] doesn’t change
It’s the same soup different flavor it just depends who’s who’s there in the pot no one knows no one knows what’s being cooked except for the one stirring the pot and OG once told me so be mindful be mindful if you’re going to be the one going into the kitchen
Putting hands in the kitchen I mean you got to take the heat you got to take the Heat and also learn or know going in how to work the knives let’s read one or two of these comments real quick the first one says simply decline that sounds too simple I don’t know if
It’s too easy it might not be uh it might not be the right move it sounds too easy it’s like someone’s saying oh you got sued oh they sent you a summons they sent you a little proof of service a summons letter [ __ ] ignore it don’t
You that’s easy don’t even go that’s how you [ __ ] up and catch uh default judgments if you don’t show up to defend a potential case that that you know might have merits that might be legitimate if you don’t at least go to get it dismissed
You might be the one [ __ ] up now that opens a can of worms as to what cases you can ignore because there are some instances where you may be named but you know it gets thrown out on its own that being said they continue they write unless you have
An employment contract calling for such disclosure you are under no obligation to provide that or any other information very aptly put very aptly put simply ignore it right simply decline it unless unless you know they do condition it with that unless it’s what you signed on for
Right so I was I was right from the get I had had a good inclination a good feeling about reading right before signing so that you know and understand your obligations in the event that you terminate the employment right at resigning and the reason being that you’re leaving to another company
They’re going to want to know I mean be happy that the disclosure is up front that’s if the non-compete provision includes that disclosure disclosure and how you should give it to them in writing right they want it in the form of a joining letter they know you’re going somewhere you told them you’re
Going somewhere so that’s what they want to know if you need help planning your next corporate move right say you’re leaving a firm say you’ve exhausted your opportunities for growth your opportunities for professional development at the firm you’re at now and you want to leave you’re a talented
Individual you know you deserve more you understand your worth on the market and you stand to gain more before signing the new offer understand what it is you’re agreeing to and evaluate whether or not you can negotiate to improve your compensation to improve the coverage you’re getting
In the in the form of opportunities and resources and decrease your liability you are the professional you are the talent if there is any blood if there are names and faces in corporate it’s yours so know your worth corporate can stand to protect you because you’re working for them
And when you understand that when you understand that you enter this agreement you were entering the employment agreement for money is when you understand your power to negotiate and work with corporate not just for it you can find us on Instagram that’s at corporate Cowboys with a z the patreon
Is up and running that’s the corporate Cowboys podcast a couple of donation links available too if you want to spot us a couple of dollars keep this podcast free you know it goes towards business expenses and legal fees office supplies that sort of thing take care of yourself if you need help
Know who to go to for it till next time
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