What to do when a rival tries to poach you

It’s flattering to be contacted by a competitor business, but there are pitfalls to avoid, and you may need to navigate a hardball stance by your employer.
What to do when a rival tries to poach you

IMAGE BY NORBERT KEIL/ADOBE STOCK

You get a cagey phone call, and it turns out to be from someone at a rival company. They’ve been following your career with interest and would like to meet you to discuss opportunities. But while this is a nice position to be in, it’s also potentially tricky. How should you proceed? What do you need to consider? What pitfalls do you need to avoid?

Hear them out

Even if you are very happy in your current job, it is always worth listening to what the recruiter has to say. It’s good to know what’s out there, to make contacts, and to benchmark your current role. You may discover you could make 20% more or leap up several levels of seniority. If it’s not for you, decline politely, but add they should feel free to approach you in the future.

If I decline, should I tell my boss?

If you’re not going to proceed, it’s probably best to keep it to yourself. That said, if you are asked specifically (because word can get around), you should be honest. But don’t make a big deal of it — you are not starting a negotiation. Of course, if you tell them because you want to start a negotiation, it’s a very different conversation. Ultimately, if you are going to use an approach from a competitor to ask for a higher salary from your current employer, you need to be prepared for your boss to call your bluff.

What’s next if I don’t decline?

If you are invited to a meeting, you should prepare as you would for an interview. They’re the competition, so you probably know them reasonably well, but ensure you’re up to date on the company’s news and don’t have any knowledge gaps. Make a list of questions you want to ask and expect them to ask questions, too.

Update your CV and think of examples of your achievements. Also, think about where you want to go with your career. Finally, prepare a couple of memorable stories about yourself that make you stand out. After all, the company might be approaching multiple people.

What should I avoid?

Do not badmouth your existing employer even if you are anxious to leave. This looks disloyal and will make any future employer think that you could badmouth them. Be careful about what you say generally. Exploratory job offers can be fishing exercises for competitive intelligence. So, discuss your role and responsibilities and anything that is in the public realm, but be very careful around anything that is commercially sensitive. The people who have approached you will understand this. If they keep pushing at areas you are uncomfortable with, that raises a red flag.

Expect a process

Don’t expect to be given an offer immediately. Even if you are being poached and they really want you, the process is likely to be reasonably long and involved — certainly for senior roles. The company will have procedures it has to follow, and you are likely to have to go through multiple interviews as you would for any senior job. Here you may have to engage in a bit of subterfuge, so that you don’t start mysteriously disappearing in the middle of the morning. Try to arrange meetings outside of working hours and in places you are unlikely to bump into colleagues. At this stage, you will need to look at your current contract, as it may have clauses restricting what you can do when you go to a competitor. This can be a complex area and vary from jurisdiction to jurisdiction, and it may be worth consulting an employment lawyer.

Should I feel conflicted?

If you behaved honourably, no. Your primary responsibility is to yourself and your career. Companies should expect people to leave — and recognise that they are likely to go to competitors. Good organisations leave the door open because people may well come back. That said, you are likely to feel some guilt, particularly if colleagues are singing your praises.

At what point should I tell my company?

Not until you have an offer in writing. Jumping the gun can be a very effective way of going from potentially two jobs to no job. You shouldn’t tell colleagues either, even those who are friends (because everyone loves workplace gossip). That said, you cannot control all information, and if a colleague knows you have been approached, you may have to acknowledge something is afoot. But be coy and give away as little as possible. When you are ready to leave, leave well. Tell your boss first, thank him or her, and have a polite resignation letter ready.

What if your employer counteroffers?

Hear them out. Sometimes the counteroffer will be a substantially improved role or enhanced leverage — and it may be good enough to consider. But equally, the bond of trust between you and your current employer will have changed (you will be in discussions with your future employer). Finally, if you do get to the stage where you have an offer in writing, mentally you will often have moved on — and will find it psychologically difficult to remain, even if you are tempted.

What if your company plays hardball?

This is where it can get interesting. Knowing you’re going to a competitor, your company may ask you to leave immediately and place you on gardening leave — where you are paid not to be at work. They may also try and play hardball and attempt to enforce every clause in your contract. This is why you spoke to the lawyer earlier — and you may need to speak to them again. There may be considerable back and forth between you and the company before your leaving arrangements are finalised. These may cover not only time, but relationships with clients, customers, and so on.

Paid leave

Particularly if you are going to a direct competitor, being put on paid leave for a period of time is more common in some jurisdictions than others. The British refer to it as gardening leave (the idea being you are paid to prune your rosebushes). The idea behind it is that any commercially sensitive information will have a sell-by date.

With any luck this period will simply be a few months where you are paid not to work (and, practically speaking, are not expected to be available). In this case, enjoy yourself. Go travelling, write that novel, get fit, whatever. If you’re horticulturally inclined, you may even decide to do some gardening. Try not to waste it: Three months off fully paid where you cannot work can be a real opportunity.


Rhymer Rigby is a business writer and columnist. To comment on this article or to suggest an idea for another article, contact Oliver Rowe at Oliver.Rowe@aicpa-cima.com.


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