How to act correctly in the event of a solicitation

Rule # 1: stay calm and don’t rush anything

Often the first contact takes place during working hours by phone. However, you must take the time to speak to the competitor’s HR manager. Especially if you are in the office, ask the caller to contact you at another time. Give them your private phone number and make an appointment. In this way, you prevent colleagues or even superiors from hearing anything about the conversation. So that you don’t forget anything important, write down all the questions you would like to ask the HR manager before the phone call. However, you should be cautious at first during the conversation itself. Wait and see what your interlocutor has to tell you. Don’t reveal too much about yourself and don’t chat about the internals of your current company. Even a hasty acceptance does not go down well. Because it shows that you are very volatile. The recruiter may be concerned that you could suddenly leave their company if another option presents itself. If you find the offer interesting, ask for a time to reflect and make another appointment to go into the topic in more detail.

Study your own employment contract before poaching

If you can actually imagine switching to the competition, it is important to take a look at the current employment contract. Find out whether there is a post-contractual non-competition clause is recorded. Because this includes, for example, that you are not allowed to pass on your knowledge of the internal issues of the current employer to the competition even after the termination of the employment relationship. Besides, a work ban can be contractually regulated by the competition. For a subsequent non-compete clause to be legally valid, strict requirements must be met:

  • Parental leave allowance: Does your employer guarantee you a so-called parental leave allowance? This is compensation for at least 50 percent of your last annual income. This will be paid to you for the duration of the non-competition clause.
  • Duration of the non-compete clause: The non-compete clause may last a maximum of two years.
  • A non-compete clause in writing: Was the non-compete clause given to you in writing and signed by your employer?

Non-solicitation clauses and small businesses

If these and other points are not met, the non-compete clause may not apply. Therefore, if in doubt, always ask a lawyer.

Weigh up the decision carefully

Does the competition sound lucrative? Still, you should weigh carefully whether or not to accept it. Ask yourself what you want to achieve professionally and what the new employer can offer you that you cannot find with the current company. If only the salary is higher, you should take a closer look. Because maybe you have to do more for this salary than you currently do. You may have a greater responsibility. In general, your change should not be based solely on your salary. Also, ask whether the position you are offered is temporary. If you are in a permanent employment relationship, you must consider whether a change is still an option for you.

Critically question the position offered

“Manager of”, “Planner for ..”, “Head of….”: English job titles in particular are associated with high expectations. This does not mean always exciting positions, but often very everyday positions. To find out which tasks you should be assigned specifically and what is in your job description. This is the only way you can decide whether the job suits you or whether it is below your expectations and demands. If your area of ​​responsibility would change with the new position, think about whether it suits you. To get clarity about which improvements the offered position actually brings you, you should compare it directly with your current position. What do you not like so much at the moment? What would change with the new job? Which would be better or worse? A list in which you compare the two jobs gives you clarity. Once your decision has been made and you want to change the company, be sure to pay attention to your notice periods and adhere to them.

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