J. Daniel Marr

There is a high demand for employees with good work ethic and particularly those who are skilled. If you are considering looking for a new job, this article will address some of the potential issues.

When you first apply for a job, you may be inclined to puff up your resume for your employment application by adding skills you do not have or provide other false information. However, if you land that dream job, it could turn into a nightmare when your employer later learns of your deception. Most owners or decision-makers in hiring and firing do not want dishonest employees. Not only should you be honest, because that is the right thing to do, but people in the industry talk whether or not through vendors, new employees or competitors. If you had a job in which you were fired for performance and you disclose that to the new potential employer with an honest explanation, that may lead to the company to give you the job opportunity you seek. However, if you fail to disclose that prior employer in your job application or resume and get the job, your career path in that company is likely to be short lived.

If your current employer owes you money, obtaining a new job prior to making your claim against your former employer will prevent that former employer from sabotaging your employment opportunities in retaliation for the wage claim. While such a retaliation is illegal, avoiding it is obviously best for you.

It would behoove you to review your prior employment agreements to see if you have any post-employment restrictions on competition, solicitation of customers and former co-employees, and confidentiality requirements. While you have the obligation to keep certain confidential and proprietary information secret from your new employer or for your personal use, the agreements you sign might expand those obligations and you want to know ahead of time of those restrictions. If your prior employment agreements have such restrictions, you should review them with an attorney to strategize how best to proceed.

In conclusion, when looking for a new job, particularly in this job market, it may be prudent talking it through with an attorney who can help you assess your post-employment restriction as to the current employer and the terms of employment offered by your potential new employer.

J. Daniel Marr is a director and shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and individuals on a variety of legal issues and advocating on their behalf. Marr is licensed and practices in both New Hampshire and Massachusetts. Marr can be reached at dmarr@nashualaw.com.

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