You’ve accepted a new role and are counting down the days. Conventional wisdom says to give two weeks’ notice and avoid burning bridges. However, a clean exit involves more than just being polite. Your final interactions with HR are fraught with legal implications. For example, a careless comment, a misunderstood document, or the simple act of emailing a file can expose you to a lawsuit. Ultimately, many departing employees make critical HR mistakes that can get them sued, turning a positive career move into a legal nightmare.
To ensure a truly clean and safe break, here are six common mistakes to avoid during your departure.
1. Taking Company Data (Yes, Even Your Own Work)
This is the most common reason former employees face legal action. In your final days, it feels harmless to email yourself a few documents for your portfolio. However, this is a catastrophic error. Your employment agreement likely states that any work you produced belongs to the company. This includes work done on company time with company resources. Therefore, taking data like a client list or marketing strategy is a problem. The company may consider it theft of trade secrets. In fact, companies actively monitor departing employees’ digital activity and will not hesitate to sue.
2. Getting Too Candid in the Exit Interview
The exit interview can feel like a safe space to unload your frustrations. However, it is not. You must remember the HR representative is not your therapist. Instead, their primary loyalty is to the company, and their job is to mitigate risk. Consequently, HR will document anything you say. If you make inflammatory or unsubstantiated accusations, you could open yourself up to a defamation lawsuit. A vague and professional exit interview is always the safest path. Simply state that you’re leaving for a new opportunity and wish the company well.
3. Ignoring Your Non-Solicitation Agreement
Many professional employees sign a non-solicitation agreement. This is a binding contract. Essentially, it legally prohibits you from poaching former clients or employees for a specific period. A common mistake is sending a mass LinkedIn message announcing your new, hiring role. Indeed, the company can interpret this as a direct act of solicitation. Even a casual lunch where you encourage a former colleague to apply can be a violation. Therefore, you must be extremely careful not to actively recruit from your old company if you signed one of these agreements.
4. Misrepresenting Your Reason for Leaving
It might seem harmless to lie about why you’re leaving. However, this dishonesty can backfire spectacularly. Your former employer could use your misrepresentation as evidence if your contract contains a non-compete clause. For example, they may argue that you acted in bad faith to violate the agreement. This makes them much more likely to pursue legal action. Ultimately, being vague and professional is always better than being actively deceitful.
5. Signing a Separation Agreement Without a Lawyer’s Review
If you are part of a layoff, HR will ask you to sign a separation agreement. This is a legally binding contract. Typically, you agree to waive your right to sue in exchange for the severance payment. The company’s lawyers write these documents to protect their own interests, not yours. Therefore, one of the biggest mistakes you can make is signing this without a legal review. You could unknowingly waive your rights. Moreover, you might agree to restrictive clauses that could haunt your career for years.
6. Badmouthing Your Former Company Publicly
Once you’re out the door, it can feel liberating to post on social media about your old job. However, this is an enormous risk. Most employment agreements include a “non-disparagement” clause. This clause legally prohibits you from making negative public statements about the company. Violating this clause can have serious financial consequences. For instance, the company can sue you for breach of contract. They may even have the right to claw back your severance payment. In short, your moment of vindication could cost you thousands.
A Professional Exit Is Your Best Legal Shield
Leaving a job is a business transaction, not a personal breakup. Your final interactions with HR are critical for managing your legal risk. By treating your departure with the seriousness it deserves, you can protect yourself. Therefore, avoid common HR mistakes. Be mindful of company data, be cautious with your words, and be respectful of the agreements you signed. A clean break is not just about maintaining your reputation; it’s about safeguarding your future career.
What is your #1 piece of advice for someone on their last day at a job? Share it in the comments!
What to Read Next…
9 Everyday Conversations That Can Be Considered “Medical Advice”
10 Background Check Flags That Can Cost You a Home or Job
10 “Secure” Jobs That AI Is Coming For First
10 Job Titles That Are Now Red Flags to Recruiters
7 Government Programs You Lose Access to After Taking a New Job
The post Leaving a Job? 6 HR Mistakes That Can Get You Sued appeared first on Budget and the Bees.
