When leaving a government contractor for another one, it is essential to be careful in how you handle it. Not doing so can cause employment difficulties and, worse, potential security clearance issues. In other words, tread carefully when changing contractors.
Before Seeking New Offers
When seeking other government contracting offers, consider whether or not you have an employment agreement with your current employer. If so, you will want to review it and see whether or not you have a non-compete provision or other potential restrictions on future employment. You will also want to review any provisions that address your handling of proprietary information belonging to your current employer. Most employees don’t take these steps before seeking a new position. However, doing so is very important.
Telling Your Current Employer About the New Position
When you have an offer and tell your supervisor that you are taking a new position with a different contractor, be professional. Try to make the transition as easy as possible. Also, where possible, try to put your supervisor or employer at ease about the change in jobs. The fewer issues in your move, the better. It is quite often the case that the first thought that many employers have after being notified of your move is whether or not you will try to take clients with you. Many employers also think that you might try to take information from the company to your new employer. The old employer may also try to propose a separation or severance agreement before you leave to protect themselves. If that happens, make sure that you have an attorney look it over before signing it.
Your Last Few Weeks at the Current Contractor
It is important to do your best to handle your last few weeks with the government contractor you are leaving with grace. How you handle your last few weeks with an employer will often form their final impression of you. This can affect future recommendations of you and how they feel about you when you leave. Many contractors often leave and then later try to come back to their old employer. This is another reason to leave on good terms.
Also, it is not uncommon for a previously good work relationship to turn bad quickly after they are notified you are leaving. In some cases, the old employer might get really upset and start conducting an investigation. Typically, this consists of the employer examining your work email traffic and work computer. Depending on what they find, they may feel that they have to report you for misconduct to the Defense Information System for Security (DISS) or Scattered Castles. You want to avoid that. If this occurs, you could be left without a job or a sponsor to resolve the security concerns. This doesn’t often happen, but it does occur on occasion so be careful.
When in Doubt, Don’t Take Anything Without Permission
This is important. It is far too often the case that an employee is preparing to leave a government contractor and wants to keep a copy of their work or accomplishments. Make sure that you do not take or email anything that could be considered company proprietary information. I have seen major issues arise where departing employees think that it is okay to email themselves copies of an old project that they had worked on, or a contact list, only to have that later turn into a massive employment law issue or security clearance problem.
The best way to handle this, if you need a document, is to ask permission to take it. I have had countless security clearance cases over the years where the employer has alleged that a former employee took proprietary information when leaving. In many of these cases, the former employer then files an incident report against the employee in DISS or Scattered Castles, notifies the new employer of the issue, and/or sometimes files a lawsuit against the departing employee. All of these things can be avoided by treading carefully.
An Ounce of Prevention
Moving from one contractor to another usually does not have any complications. However, some of these issues do arise, and it is important to prevent them in advance. It is very important to know any terms that you agreed to with your former employer when leaving and to handle your departure professionally. Lastly, it is important to avoid taking anything from work that could be considered the property of your former employer. If you run into any trouble with these issues, you should contact a lawyer to advise you immediately.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws, regulations, and government policies are always subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
