Legal Question in Employment Law in Kansas
I am being recruited for a management position with the software vendor that my medical office uses, actually recruited by the recruiting agency without realizing I worked for the hiring company's client. I wasn't necessarily looking, but didn't say no when I was contacted by the recruiter. I am now their top candidate, but I'm being told at because I work for one of their clients, I will have to have a waiver from my current employer releasing me to go to work for the software company before they'll put a formal offer in writing, I am not a contract employee, and Kansas, where I live and work is a right to work state. What they're asking me to do puts me in a terribly difficult position. If I give notice, and ask for the waiver, my current employer may be very upset and decline to give me the waiver, and if they decline, then the hiring company won't hire me unless I have the waiver, so I could really be in a bind with my current employer. I feel I'd be setting myself up for a hostile work environment if they decline to give me a waiver, thereby preventing me from obtaining work at the new company, then I'll be stuck with my current employer who will not be happy I even attempted to leave. Is this legal for the hiring company to require a waiver in order to hire me? Please help!! Thanks so much!
2 Answer from Attorneys
The tern legal usually connotes a crime. There apprats to nothing criminal about a company trying to not lose a current customer when making a hiring decision. The vensdor probably has a confidentiality agreement with yor employer for the medical office to comply with their confidentiality obligation to patients and staff.
The ptodpective employer may be conceerned that you are bound by a no fompete or training reimbursemenr with the medical office.
Perhaps you should address yhour quandry with the vendor. They may be able to make an offer conditional upon you getting a clean release from your employer.
Good luck.
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