being denied opportunity to make higher wage

[tjkmf]

What is the name of your state?CA Worked for employer approx. 60 days, not even through 90 day probation period. I was looking at other employment opportunities, contacted a merchandising co. that also happens to have a contract w/current employer, when merchandising co. found out who my current employer was, they informed me that they are not allowed to solicit employees. No one solicited me, I went looking for them. Was told I had to get a release from Human Resource Dept. to interview and letter stating I would be welcome back into the store. Contacted my HR dept, asked for release and was told NO, I informed HR dept that I was not solicited, that I made the first contact. Inconclusion, I am denied the opportunity to make up to 5.00 an hour more in wages, and to top it off, my qualifications, and experience came from my previous employer of 22 yrs. [quit because I moved]not the one I am currently employed with, I don't even need to list them on resume, to be qualified for position. Can they legally deny me this opportunity? current employer is huge home improvement store..

 

[ylen13]

when you got hired did you sign anything that sayd that you will not work for competition after you quit or get fired for x amounth of months/years. If signed that then you are stuck unless they give you permision.

 

[enjay]

The merchandising company makes a huge amount of money off of your huge home improvement store. It is in their best interest to keep the store happy. If they choose not to solicit or otherwise hire current employees, they may. If your company chooses to stipulate that the companies that do their merchandising not hire their current employees, they may.

 

[Beth3]

Can they legally deny me this opportunity? Yes. Clearly the two companies have a "no hire" agreement between them. That is quite common when there is a customer-supplier relationship and is perfectly legal.

ylen13, you are thinking of a non-compete agreement. That has nothing to do with this particular situation.

 

[ylen13]

Can they legally deny me this opportunity? Yes. Clearly the two companies have a "no hire" agreement between them. That is quite common when there is a customer-supplier relationship and is perfectly legal.

ylen13, you are thinking of a non-compete agreement. That has nothing to do with this particular situation.

you totally right, responded at 1 in the morning strke my comment.

 

[Beth3]

ylen, you're forgiven. Now get some sleep.

 

[tjkmf]

Can they legally deny me this opportunity? Yes. Clearly the two companies have a "no hire" agreement between them. That is quite common when there is a customer-supplier relationship and is perfectly legal.

ylen13, you are thinking of a non-compete agreement. That has nothing to do with this particular situation.

I don't believe there is a 'no hire' agreement', if anything, I'd say, it would have to do with the fact, they don't want to lose their "trained" associates. It' a no solicit
agreement. thinking about sending my resume in, just omitting current employment

 

[SuzieWahoozie]

And that's called lying and puts you and your new employer in a very precarious position. How?

YOU are in a precarious position for lying on your application. When they find out (and they WILL find out), you will be fired.

THEY are in a precarious position because they have a "no solicitation" agreement with your current employer. Once your current employer finds out you're working for the vendor (and they WILL find out), they will take action.

 

[tjkmf]

First off, they did not solicit me, I contacted them. I would voluntary terminate my current employment, personal reasons, just can't do it w/o having other income. And I would tell the prospective employer, during the interview. My experience for the positon comes from 22 years w/my previous employer, [quit that job because I moved]. I haven't been offered any job, just want to be able to apply, because everything about the position, [duties, hours, wages] are perfect [almost identical to first job]. Just want to find a job, that I enjoy, and can spend the next 22 years. Is that wrong? How discouraging this all is.