Human resources question

[White Falcon]

Your ar just a # !!

[Burnadell]

He most certainly has a choice. He can ask for a contract and if they say no he can tell them to pound sand AND NOT start a new business with the formula.


Tell em to get bent OP. Let em fire you, it’s obviously their plan anyway.


Sent from my iPhone using Tapatalk

Sure, but it is better to have a job than be unemployed. All of this macho, "tell them to pound sand" stuff sounds great but its not practical advice. Why would he want to be unemployed?

[Bucknaked]

What if he is just mixing compost?

[mrduxs]

I do appreciate all the advise above. I really don't want to strong arm anyone but I do see where I have leverage. I'm at the age that I dont want to start a company.
I have already started looking for other employment. I will ask the new owner in what capacity do I figure into the company. If there is hesitation then I know long-term employment is not in the future. I'm not one to sabotage the overall operating of the company so my prayers are that I can move on quickly.

[Electrican]

What recipe? Suddenly forgot it.

[Burnadell]

I do appreciate all the advise above. I really don't want to strong arm anyone but I do see where I have leverage. I'm at the age that I dont want to start a company.
I have already started looking for other employment. I will ask the new owner in what capacity do I figure into the company. If there is hesitation then I know long-term employment is not in the future. I'm not one to sabotage the overall operating of the company so my prayers are that I can move on quickly.

That is the correct action to take. Who's to say that you don't play into the future of the company if you have been a valuable employee in the past. Keep your powder dry but don't make any demands or you may be on the street before you are prepared.

[dhall1414]

I do appreciate all the advise above. I really don't want to strong arm anyone but I do see where I have leverage. I'm at the age that I dont want to start a company.
I have already started looking for other employment. I will ask the new owner in what capacity do I figure into the company. If there is hesitation then I know long-term employment is not in the future. I'm not one to sabotage the overall operating of the company so my prayers are that I can move on quickly.

just wanted to add my two cents. there are two types of corporate IP with a massive distinction between them. First is patent protected, which is what the other TBHers in this thread seem to be concerned with. This type of IP is what everyone is familiar with and comes with govt authority that no one can copy you. well, not without a "novel improvement" anyway. The other type is trade secret, which is not patent protected and should the info get out there's no legal ramifications available to the company to exert any IP over the info. Now that doesn't really stop big companies from going after little competitors, as the big companies will fire off frivolous lawsuits at competing startups just to drain their cash and kill off the business in its infancy.

the first thing to find out is if you are subject to an NDA and/or non-compete. oftentimes those are signed together when you first start working for a company. If you are subject an NDA & non-compete then if you were to quit you would still be subject to the terms of these contracts for whatever period of time you agreed to upon signing them, typically one year. if you were to be laid off or fired that usually invalidates these contracts.

regarding your situation, I would guess you are most likely being asked to train your replacement(s). several years ago disney (eff them) did that with their IT dept or something. they fired most of that dept, brought in foreigners on H1Bs at half the pay, forced senior staff to train them, then fired the senior staff. i can't tell you what you should or shouldn't do; there are too many nuances we don't know.

i would give you this advice though. loyalty shouldn't be given to a company, but to the people that make the company. if you've lost the owners and all senior staff, who is there left to have any loyalty with? at that point you have to look out for your family and yourself.

you for sure have leverage in this situation and it's not unethical to use it. it's likely that the company owns the formulas and processes to make their unique products but it's not your fault they failed to adequately document the process before this. I think asking for a contract with the new owners isn't going to be effective because there are legal loopholes they could exploit to terminate you even with a contract, like coming up with some obscure violation of rules, or digging through your hours to find any minor violation. we've all seen that happen to people before.

i like your idea of forcing a conversation on the subject with the new owners. it should help you get a feel for it. if you get a bad feeling and don't have an NDA/non-compete and you decide you don't want to work anymore, no one can force you to continue working should you decide to walk out before documenting the formulas and procedures. again, it's not your fault they failed to secure this info before acquiring the company. whether that's walking out immediately or putting in your two weeks and hanging out by the coffee pot is up to you haha. i've seen it over and over again where someone puts in their two weeks and then uses accumulated PTO to not work as much of that two weeks as possible. (a previous employer had a "no-doctor's note required" policy for up to 5 days of sick time.)

PS: bolded text for highlights

[Bluesman]

The Senior staff of the former company being terminated is not unusual at all.
If the Company was profitable with the prior staff in place then the likely hood of more terminations goes down considerably.
Just play the game and don't try to stand out as someone special.
Sometimes a buy out is the best thing in your interests.
Otherwise, leave on your own terms.

[smokeless]

He is someone special. Come on . He can’t lay low. The bullseyes on him.
Sorry your in this spot. Go with your heart.

[txlawdog]

If it was to turn to a civil suit against you I don't think I would want to have a case in front of all the liberal judges on the bench these days. Not sure where you would be but something to think about. Liberal's friends list run pretty deep and they don't play fair. Glad I don't have to make the decision you are faced with. Good luck.

[TeamAmerica]

So are we to believe that the formula is so simple that you can remember it by memory without ever writing it down (i.e. can be be reverse engineered) or that it is so complex but it has never been saved to a company document or network folder that company has backed up? OP should be very certain that you have the "secret sauce" that you believe you do. When your possible next employer does a employment check and finds out that you were fired for cause what do you expect them to think of that (assuming you go the route of not complying with your current employers demands)? Sounds like honesty is the best path here and be upfront that you are concerned that your future with them is temporary. See what they say.

[RebeccaCreekKid]

ran this past my wife who works in HR…

Her take was: “new company/owners… new contract”

There’s a lot we don’t know here.


But I wouldn’t just roll over or go along to get along, or be a good little employee, or act out of fear of losing your job.

People are dying for good employees these days!

Having said that, there are employment attorneys, and good legal advice is worth it’s wait in gold.

Advice here is worth what 2/3rds of the shells I threw at doves today is worth…