Wednesday, January 13, 2010

Confidentiality Agreements

Confidentiality agreements are peculiar things, not in what they say abut you, but in what they say about the world of business.

A few years ago, one of my sons applied for a job at a company in my field, but which competes with the one for which both I work now and he worked a few years before. They liked his application and his experience, but insisted that he bring me to the interview. When they interviewed me, I found out that they would not hire him without also hiring me.

Now the fellow - I'll call him Jim - doing the interviewing had worked at our company years before, and I hadn't cared for him then. I did so even less after that interview. This company had already hired several of our company's employees and contractors, and suddenly started taking our customers away from us as well. It seemed apparent to everyone that the new hires were bringing over client lists, either physically or mentally, and some of the transferees knew enough about our pricing to assist the new company in underbidding us. They assumed that my son and I would provide the same information, or would share that information back and forth to undercut them if only one of us worked at each company.

I told Jim I'd think about transferring over to his company, even though he informed me that his company would pay me as a new inexperienced person and not even try to match my current pay level. He tried to sweeten the deal my threatening me with the idea that my company was getting rid of all its experienced staff so it could cut salaries. After all, it was already happening - and he named names.

I was frankly offended by the thought that my son and I would share that kind of information to undercut one company or the other. I didn't trust Jim from previous experience, and went to someone I did trust in our company to try to find out why those named individuals had been let go and whether my position was in jeopardy. I found out there were good reasons for the firings and my position and salary were secure, so long as I continued to perform as I had been. Still, I struggled with the job offer a bit more, knowing I would be hurting my son's chances for a job. Ultimately I decided I couldn't work for that company, and explained to my son why he wasn't getting that job. Luckily for the family dynamic, he understood.

A couple years ago at contract renewal time, our company instituted a confidentiality clause. I had no problem with signing it. A bit later, one of our clients also insisted on its very own confidentiality clause which everyone of us who worked for them had to sign. Again, no problem.

But it is kinda weird, because now, 3 to 5 days a week, I have a regular timecall for this company I can't name, with a customer of theirs I can't name, so the first can perform a service for the second that I can't describe for you. I can tell you it is both a legal and a vital service. If I could tell you what it was, you'd agree. I enjoy the timecall because it takes me out into rural Wisconsin first thing on those mornings and I love the scenery and lack of rush hour traffic. Now it has the added benefit of letting me start about an hour later than usual, which gives me time to see to my dad's needs early in the morning. People along my morning route are getting familiar with me, because I stop the same places for restroom breaks and occasionally breakfast at a MacDonalds, and after over a year, are starting to ask what brings me out their way.

Then I have to regretfully explain about confidentially agreements.

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