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"EMPLOYER'S PROMISE MUCH WORSE THAN MERELY "EMPTY"!"

Dear Kathryn:

I'm in a real dilemma, and it's no one's fault but my own. I wanted desperately to change positions even though I knew it wasn't the best of timing. I had applied for a mortgage and the approval was naturally based on my being employed. I was approved and in my giddy state, decided to pursue a new job regardless of the fact my mortgage was approved based on my current job.

I received a dream job offer doing exactly what I wanted from a company that had just opened a branch here. I didn't bother notifying the mortgage company as I thought I would still be at my old job when the closing occurred. One thing after the other got pushed back and the result was my closing got rescheduled for another three weeks. In the meantime I was supposed to start my new job. I showed up on my first day ready for my new job orientation only to get the horrid news the branch was going to close.

I know I will have to sign paperwork at the closing stating the information I provided was true. I not only would be lying about where I was working, but also that I actually have a job!

My new employer knew I was in the process of getting a new home and a job is necessary for a mortgage! Doesn't this employer have any responsibility for the situation I'm now in? What can I possibly do given this horrific mess I am in?

SUZZANE R., Moodus, CT

Dear Suzzane:

I can understand someone's zeal to get a new job, but to risk a mortgage??? You must have been very giddy to ignore the possible consequences and make a move in the midst of a pending closing!

I feel badly for you so I immediately called one of my finest labor attorneys and here's Attorney George O'Brien Jr of Tyler, Cooper & Alcorn take on your issue.

First, distressed as you'll be to receive this news, your most recent employer doesn't have any liability towards you and the situation you're in. Unless you have a signed document from them proving they guaranteed you employment (remember, CT is an "at will employment State", thus that type of offer letter is unlikely), you are out of luck.

Immediately let your mortgage company know of your current state of unemployment while you simultaneously line up interviews. Inquire how long they will hold the mortgage commitment for you as there's a good possibility you may be reemployed in short order.

Dear Kathryn:

I am starting a new job after having been with one employer for fourteen years. My family's no help as they've all been with their jobs for decades. I'm nervous as it's been a long time learning a new job and adapting to a totally different environment. Help! My first day on the job is right after Labor Day and I want to do well.

SANDY P., Uncasville, CT

Dear Sandy:

Smart to think ahead like you're doing as a bit of planning will have you acclimating more quickly and weathering the first few months more easily.

Here are a few tips-

-Take the time to observe the company's style: What does your new boss, peers and others around you emphasize? Take the pulse of the department and try to adjust your work speed to the pace. Some departments "cook" first thing in the morning and it's vital to arrive prepared and pumped for action. Others are "perking" at 5:00 and you can't be running out of steam when everyone else around you is hopping.

-Learn what your boss's peeves and priorities are. Get a precise understanding of what's expected of you so that your performance is up to their standards.

-Even if you're not gung-ho about every duty, approach all of your new responsibilities with interest. Even if you think some are below you, regard them as important and do them with enthusiasm.

-Don't turn a deaf ear to criticism. Now's the time to learn from your mistakes and let your peers and boss know that you're a sponge ready to learn and comfortable with their critiquing.

-Keep the lines of communication open and ask for feedback. If you're not getting enough training, enough work, or the opposite, go with it for awhile, but don't stay silent long. Your performance or production may slip and result in your employer thinking you don't care or can't do the job.

"Exciting" times are ahead, so approach each day positively as a new learning experience. Good luck

Dear Kathryn:

Dear Kathryn: All I can call myself is stupid, stupid, stupid. Here I am crossing in the crosswalks, generally a good law abiding citizen and end up relying on another employer who gets me into hot water.

I was working for a respectable employer; where I signed a non-compete agreement. I never intended to violate the non-compete as I felt my employer had been good to me.

Here's where the story line gets muddy. The non-compete agreement stated I wouldn't work for competitors or our clients. I was called repeatedly at work and home by one of our fiercest competitors and wooed to have dinner to discuss "my future". I was upfront and said at the outset that while I was flattered by the "career path" and fat compensation package they were luring me with, I was constrained by the non-compete agreement. The human resource director and vice-president assured me they were very "tight" with my employer and would work things out about the non-compete. Yeah, right.

Well, I gave proper notice and didn't think too much about it again, until now, two months later when the paperwork of a lawsuit arrived in my mailbox. I am being sued for violation of my non-compete agreement. I immediately stormed into my bosses office and human resources. Their answer? "This matter must have "fallen through the cracks."

I feel that my new employer should be responsible for every bit of this lawsuit. My husband feels that the only way I'll get out of this is to quit and find another job somewhere outside of my industry.

Kathryn, I'm a realist and make nearly six figures. Another industry isn't going to find my experience valuable to them in that compensation range. I wasn't looking for a new job and don't feel that I should be the one to have to face this lawsuit alone when I was assured that their "tight" relationship would squash any possibility of a problem. I'm a wreck, now worried I wouldn't even get good references from my former employer. What can I do?

DARLENE T., Manchester, CT

Dear Darlene:

The old adage of trust no one but you to handle matters of consequence sure holds true here. The bad part of this story is you may very well have to put out some money to have private legal representation, but let's try approaching your current employer with a plan before retaining an attorney.

Sit down with both individuals that promised the non-compete would be addressed by them. Ask them what they're planning on doing in response to this lawsuit. Obviously, if your ex-employer were to win the lawsuit (and Tyler, Cooper & Alcorn's labor department feels they've got a good shot at winning), they could not only get a monetary award but you'd be unable to work at your current employer. In addition to what your employer is planning to do in response to the lawsuit, ask them for the assurance your compensation will continue during this period.

Should your request fall on deaf ears, you will have to hire your own attorney to force the issue. Hopefully your employer will live up to their moral, if not legal, responsibility. Let's face it. If not for their direct recruiting and promise of negotiating the non-compete, you wouldn't be in this situation.

Attorney George O'Brien however, can neither guarantee an outcome nor even offer a "best guess" prediction. Good luck.