Navigating the job market while currently employed requires a strategic and discreet approach to ensure a smooth transition and maintain positive professional relationships. Experts advise a mindful process, emphasizing privacy, adherence to contracts, and professional conduct throughout the job search and resignation phases. Understanding your rights and obligations is paramount to avoid potential pitfalls.
The Legality and Ethics of Seeking New Employment
It is perfectly legal and not a breach of confidence to explore new career opportunities while still employed. Dr. Ryan Gould, a senior lecturer at Griffith University’s Business School, clarifies that the act of searching for work itself does not harm an employer. Court decisions have affirmed this right. However, the manner in which the search is conducted can be perceived as detrimental. Therefore, discretion and careful execution are key.
Roxanne Hart, a specialist in workplace relations law, echoes this sentiment, stressing the importance of confidentiality. She advises telling as few people as possible about your job search. This is because colleagues who remain at the company have a duty to their employer and might feel obligated to disclose your plans, potentially leading to a less favorable work environment for you.
Key Considerations Before You Begin Your Search
Before diving into your job hunt, it’s crucial to review your employment contract or agreement. This document outlines important details such as:
- Notice Periods: Understand the length of notice you are legally or contractually required to give upon resignation. This period typically increases with your tenure at the company, often ranging from one week for short-term employees to two to four weeks for those with longer service.
- Contractual Obligations: Be aware of any specific clauses that might affect your ability to seek or accept new employment.
Hart points out that proposed legislative changes are set to impact non-compete clauses. New laws are anticipated to outlaw these clauses for employees earning below a certain high-income threshold (currently $190,100), making it easier for individuals to move between competing businesses. Additionally, the Corporations Act prohibits the improper use of confidential company information for personal gain or to benefit a new employer.
Maintaining Privacy and Professionalism During Your Search
To ensure your job search remains private, experts recommend the following:
- Personal Time and Devices: Conduct all job-hunting activities during your personal time, using personal devices and email addresses. Avoid using company resources for any part of your job search.
- Confidentiality: As Hart advises, keep your job search confidential. Limit who you inform about your intentions.
Managing References and Interviews
The process of providing references and attending interviews can present unique challenges when you are still employed.
References:
- Seek Permission: Always ask potential referees if they are willing to provide a reference for you before listing them. Karen Gately, an HR specialist, emphasizes that this permission is essential. While your direct manager might not be the best choice, consider other internal stakeholders or managers who can speak knowledgeably about your work.
- Strategic Contact: If you are concerned about your current employer discovering your job search, instruct potential employers to contact referees only after you have been identified as a preferred candidate. This protects your privacy.
Interviews:
- Schedule Wisely: Avoid scheduling interviews during your paid work hours. If necessary, take annual leave or arrange to make up the time later in the day, after obtaining your employer’s permission.
- Positive Framing: When asked about your reasons for seeking a new role, focus on the opportunities and benefits of the new position, such as gaining new skills, broader experience, or joining a company with a strong culture. Avoid speaking negatively about your current employer, as this can raise concerns about your professionalism and loyalty. Dr. Gould suggests framing the new role as a growth opportunity that aligns with your strengths.
The Resignation Process: Final Steps
The final stages of your job transition involve resigning from your current position. It’s crucial to handle this professionally to maintain good relations.
- Secure the Offer: Never resign from your current job until you have a signed employment contract with your new employer. This is particularly important if there is a significant gap between the offer and the start date, as circumstances can change, leading to the offer being rescinded.
- Written Resignation: Submit your resignation in writing.
- Professional Conversation: While a written notice is standard, it is often best practice to have a direct conversation with your employer. The nature of this conversation may depend on your relationship with your current employer. A more informal discussion, perhaps over coffee, might be appropriate in some cases, but ultimately, it should align with your professional judgment and the specific relationship dynamics.
- Maintain Relationships: Gately stresses the importance of not burning bridges. Maintaining professional relationships is vital, as you may encounter former colleagues or managers again in the future. A respectful and professional exit can ensure these future interactions remain positive.
By carefully managing your job search, respecting contractual obligations, and handling the resignation process with professionalism, you can successfully transition to a new role while preserving your professional reputation.
