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No One Should Be Indispensable... So Plan For the Unexpected

Guest post by: Marijo McCarthy

Article Overview: Recently, a client called me in somewhat of a panic mode. It seems that a key designer in their engineering firm had arrived that morning, sat down across the desk from her boss, and tendered her resignation... effective immediately! Could they prevent the departure? Should they sue? What else could they do?

No One Should Be Indispensable... So Plan For the Unexpected

Recently, a client called me in somewhat of a panic mode. It seems that a key designer in their engineering firm had arrived that morning, sat down across the desk from her boss, and tendered her resignation… effective immediately!

Even worse, the departing designer had a special expertise; was the only engineer in the firm with that expertise; and the company was right in the middle of a half dozen active contracts for its customers which required that expertise! In addition, the expertise was something which could not be quickly located elsewhere.

Finally, the departing employee dropped the other shoe: She was leaving to open her own practice and intended to poach my client's customers who needed her expertise!

Hence my client's panicked questions: Could they prevent the departure? (The employee had signed a non-compete agreement when she joined the firm.) Should they sue? What else could they do?

All good questions, and this is where corporate counsel's determination to solve problems rather than find parties to drag into court is tested:

• First of all, the client is panicked and needs a calmer head to help sort through the options.

• Second, the client needs a solution which is focused on its customer. As frustrated and angry as my client is at the departing employee's unprofessional conduct, the primary goal is to continue performance on the customer's contract, without an embarrassing misstep or costly failure of performance.

• Third, a customer-focused solution may require my client to take a deep breath, swallow their understandable desire to vocally blast the departing employee, and explore the possibilities.

Of the options available, my client is now considering releasing the key employee from her non-compete: IF she completes the work required under current contracts, thereby satisfying current customers. AND, she pays to her former employer a percentage of the revenue her new business will achieve from those contracts. AND, my client is able to obtain the consent of the affected customers.

The point is, my client may pragmatically buy his way out of a sticky problem which, under the circumstances, may be the reasonable, workable solution.

What about your company? Do you have key employees whose departure would also leave a void the size of the Grand Canyon?! If the answer is yes…

• Is their expertise available from an accessible, short-term solution… an industry temp agency, for instance?

• Can their expertise be taught to another staffer in your office… and is your key employee willing and able to teach it?

• Do you regularly review industry publications for available part-time help with that special expertise?

The moral of the story is simple: Don't let this happen to you! Before you find yourself in a similar predicament, do a little advance planning and be sure you can back-up the expertise of your star quarterback.

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Article Tags: customer, employee, expertise, noncompete, resignation



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