Do I Have to Tell My Current Employer the Name of My New Employer

My question involves labor and employment law for the state of: NEW YORK

My Present Job is in NY
My New Job that I will be joining is in CA

My employment agreement states that I should NOT work with a competitor and that's exactly what I'm doing, I'm leaving the manufacturing industry and
joining a retail store whose HQ is located in the state of CA. Do I have to tell my employer/HR in the exit interview (in the state of NY) the name of my new employer. I know I don't have to share information of my new employer's name with my boss or colleagues.

You don't even have to attend the exit interview.

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Quoting palmtreer77

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My question involves labor and employment law for the state of: NEW YORK

My Present Job is in NY
My New Job that I will be joining is in CA

My employment agreement states that I should NOT work with a competitor and that's exactly what I'm doing, I'm leaving the manufacturing industry and joining a retail store whose HQ is located in the state of CA. Do I have to tell my employer/HR in the exit interview (in the state of NY) the name of my new employer. I know I don't have to share information of my new employer's name with my boss or colleagues.

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I cannot read the contract (if what you have truly amounts to that) says from here. Does it say anything about what you must disclose to your present employer about your future employment? If not, then I think that answers your question for you. The law doesn’t require exit interviews at all, let alone what you must say in such an interview. Unless a contract says you have to disclose it then there is no obligation to do it.

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Quoting palmtreer77

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My employment agreement states that I should NOT work with a competitor and that's exactly what I'm doing,

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If you have a bona fide enforceable non-compete contract you would be breaching it by taking the new job.

If the contract says you have to tell your employer, and you don't, you'll be in breach one way or the other so why bother telling your employer anything.

Best to keep your mouth shut, move on, and hope for the best.

is there an internet link to a document/HANDBOOK online for LABOR AND EMPLOYMENT LAW in the State of New York for employees

Your original post is a bit unclear. Can you please answer the following questions:

1. Are you going to work for a competitor?
2. Does your contract specifically state that you must provide the name of your next employer upon resignation?

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Quoting adjusterjack

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If you have a bona fide enforceable non-compete contract you would be breaching it by taking the new job.

If the contract says you have to tell your employer, and you don't, you'll be in breach one way or the other so why bother telling your employer anything.

Best to keep your mouth shut, move on, and hope for the best.

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How would he be breaching it? He is leaving the manufacturing industry to go into retailing. What am I missing?

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Quoting llworking

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How would he be breaching it? He is leaving the manufacturing industry to go into retailing. What am I missing?

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The word "if."

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Quoting palmtreer77

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is there an internet link to a document/HANDBOOK online for LABOR AND EMPLOYMENT LAW in the State of New York for employees

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No, there isn't. Since no such handbook exists.

I can direct you to a link on the NY state website where you'll find some of those laws, if you like.

But if you are looking for a law that either requires you to give the name of your new employer to the old employer, or alternately gives you permission to withhold it, you're not going to find one. Either way. The law simply does not take a position on the matter. If you have a legally binding and enforceable contract that says one way or the other, then that contract holds. If you do not, then it's between you and the employer.

But be aware that there are a lot of ways, other than your telling him, that your old employer can find out where you went to work. Don't imagine that you can break your contract and/or non-compete and as long as you don't give him the name, he'll never find out.

No, I'm NOT going to work for a competitor, Right now I'm in a Manufacturing job and I will be joining a Retail Store. My Agreement specifically said I can't work with a competitor but my questions is Do I have to tell my employer/HR in the exit interview (in the state of NY) the name of my new employer. I saw it happen to a co-woker who was supposed to join a company that was also not a competitor, but lost his new job even before he joined the new company

You're confusing leaving the job with getting fired from the job after you tell them you're leaving. One very clear labor law is that you do have the right to quit a job at will.

If you elect to give notice, regardless of when you tell your employer you'd like to leave, they can very legally tell you to leave RIGHT THEN. And you are still considered to have quit the job. Notice is nowhere required, it is a courtesy and many employers, given notice that a person wishes to leave (say in two weeks) will ask the person to leave immediately, even if they do agree to tell them where they're going or what new employer they are going to work for. There's nothing illegal in their doing that. You don't get to say where you're going to work when you leave, you have the right to quit, regardless of whether you are willing to tell them why you are leaving or not.

Just leave. Don't attend an exit interview. Don't say, if you do have an exit interview, where you're going to be working. It won't matter. You can work up till the last day and then go in and quit. They can, if they want to, probably find out where you are going, even if you don't share. I'm sure you have probably talked to co workers. You are NOT obligated to share by any labor law.

But if you really think that this employer could call the employer at the job you're going to and say or do something to keep you from getting the new job, then you're leaving too soon, you really don't have the new job. It is possible that they might contact the new job, but if you're already hired, have an offer letter and due to go to work on a fixed date which is coming up soon, it's doubtful if they would keep you from getting the new job unless there's something really big that you're hiding from employers.

While California is generally not receptive to restrictions on employment imposed by non-compete clauses with former employers, if you have not told your new employer about the potential issue you should be careful -- your current employer may threaten to sue them, or may commence legal action outside of California, and your new employer may react badly if that comes as a surprise.

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Quoting comment/ator

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You're confusing leaving the job with getting fired from the job after you tell them you're leaving. One very clear labor law is that you do have the right to quit a job at will.

If you elect to give notice, regardless of when you tell your employer you'd like to leave, they can very legally tell you to leave RIGHT THEN. And you are still considered to have quit the job. Notice is nowhere required, it is a courtesy and many employers, given notice that a person wishes to leave (say in two weeks) will ask the person to leave immediately, even if they do agree to tell them where they're going or what new employer they are going to work for. There's nothing illegal in their doing that. You don't get to say where you're going to work when you leave, you have the right to quit, regardless of whether you are willing to tell them why you are leaving or not.

Just leave. Don't attend an exit interview. Don't say, if you do have an exit interview, where you're going to be working. It won't matter. You can work up till the last day and then go in and quit. They can, if they want to, probably find out where you are going, even if you don't share. I'm sure you have probably talked to co workers. You are NOT obligated to share by any labor law.

But if you really think that this employer could call the employer at the job you're going to and say or do something to keep you from getting the new job, then you're leaving too soon, you really don't have the new job. It is possible that they might contact the new job, but if you're already hired, have an offer letter and due to go to work on a fixed date which is coming up soon, it's doubtful if they would keep you from getting the new job unless there's something really big that you're hiding from employers.

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I dunno...some really vindictive employers can mess up a new job for a former employee just by lies or innuendo...particularly if the new employer is over reactive/over sensitive to outside information.

No. You do not need to tell your employer (in the state of NY or in any other state either) the name of your new employer. I don't know how to make it any more clear than that.

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Quoting cbg

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No. You do not need to tell your employer (in the state of NY or in any other state either) the name of your new employer. I don't know how to make it any more clear than that.

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(your boxes are full ... please check yer email. I'll delete this asap :) )

Hi cbg,
Please direct me to a link on the NY state website where I can find some of those laws, thanks

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Quoting cbg

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No, there isn't. Since no such handbook exists.

I can direct you to a link on the NY state website where you'll find some of those laws, if you like.

But if you are looking for a law that either requires you to give the name of your new employer to the old employer, or alternately gives you permission to withhold it, you're not going to find one. Either way. The law simply does not take a position on the matter. If you have a legally binding and enforceable contract that says one way or the other, then that contract holds. If you do not, then it's between you and the employer.

But be aware that there are a lot of ways, other than your telling him, that your old employer can find out where you went to work. Don't imagine that you can break your contract and/or non-compete and as long as you don't give him the name, he'll never find out.

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Quoting comment/ator

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You're confusing leaving the job with getting fired from the job after you tell them you're leaving. One very clear labor law is that you do have the right to quit a job at will.

If you elect to give notice, regardless of when you tell your employer you'd like to leave, they can very legally tell you to leave RIGHT THEN. And you are still considered to have quit the job. Notice is nowhere required, it is a courtesy and many employers, given notice that a person wishes to leave (say in two weeks) will ask the person to leave immediately, even if they do agree to tell them where they're going or what new employer they are going to work for. There's nothing illegal in their doing that. You don't get to say where you're going to work when you leave, you have the right to quit, regardless of whether you are willing to tell them why you are leaving or not.

Just leave. Don't attend an exit interview. Don't say, if you do have an exit interview, where you're going to be working. It won't matter. You can work up till the last day and then go in and quit. They can, if they want to, probably find out where you are going, even if you don't share. I'm sure you have probably talked to co workers. You are NOT obligated to share by any labor law.

But if you really think that this employer could call the employer at the job you're going to and say or do something to keep you from getting the new job, then you're leaving too soon, you really don't have the new job. It is possible that they might contact the new job, but if you're already hired, have an offer letter and due to go to work on a fixed date which is coming up soon, it's doubtful if they would keep you from getting the new job unless there's something really big that you're hiding from employers.

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Hi comment/ator,
I got a positive confirmation from the HR at my new job in CA on Friday around noon and was told I should receive a mail about my offer letter shortly, hence the question (I posted my question around 5pm EST), thanks for your help

https://www.labor.ny.gov/workerprote...ot/lshmpg.shtm

Just so you know going in, the law states what the employer (or the employee) MUST do and what the employer (or the employee) MUST NOT do. It will not list things the employer (or the employee) MAY do. That's why you will rarely (not never, but rarely) find a law giving an employer/employee permission to do something unless it is something he is required to do. The legality of the action lies in the fact that there is no law prohibiting it.

In the case of the question you are asking about, there is no law either requiring or prohibiting that you give the employer the name of your employer. The law simply does not address it. You MAY give the name if you wish; there is no law requiring that you do so. The employer MAY ask; there is no law prohibiting him from asking, but likewise there is no law that allows him to compel it. IF there is a contract that says one way or the other, the contract holds. Otherwise this is strictly between you and the employer - it is not addressed by law.

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Quoting cbg

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https://www.labor.ny.gov/workerprote...ot/lshmpg.shtm

Just so you know going in, the law states what the employer (or the employee) MUST do and what the employer (or the employee) MUST NOT do. It will not list things the employer (or the employee) MAY do. That's why you will rarely (not never, but rarely) find a law giving an employer/employee permission to do something unless it is something he is required to do. The legality of the action lies in the fact that there is no law prohibiting it.

In the case of the question you are asking about, there is no law either requiring or prohibiting that you give the employer the name of your employer. The law simply does not address it. You MAY give the name if you wish; there is no law requiring that you do so. The employer MAY ask; there is no law prohibiting him from asking, but likewise there is no law that allows him to compel it. IF there is a contract that says one way or the other, the contract holds. Otherwise this is strictly between you and the employer - it is not addressed by law.

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Thank you cbg for all the help