THE QUESTION
I’m about to leave my current employer to work for a competitor, and I plan to give 10 business days’ notice. My hope is to use my last days on the job tying up loose ends and making sure the next person will have all necessary info for the projects they are taking over from me. I’ve worked for my employer for close to nine years and I would like to leave on a good note, but I do not wish to disclose where I’m leaving to, because I wouldn’t want to be escorted out the door the same day I give notice. Am I legally required to disclose to my current employer where I’m leaving to, if my new position is with a competitor?
ANSWER
Most of the time you do not have to disclose your future plans, even if going to a competitor.
Unless you have signed a non-compete clause, there is nothing that prevents you from accepting employment with a competitor, and therefore, nothing that compels you to disclose this information to your current employer.
There are a few other exceptions. You are still an employee of your company until the last day of your 10 day resignation notice period, unless your employer demands that you leave the workplace immediately upon notifying them of your resignation.
Therefore, if you are employed in a key position, known as a fiduciary, resigning to work for a competitor may place you in a conflict of interest such that you may be obliged to disclose your future plans. Second, if you are in a position that could arguably provide your prospective new employer with access to confidential information or trade secrets, then the same principals may apply.