Employer Asked Applicants to Swear They Are Not Going to Leave

Employers have been reading about the use of non-compete agreements and the like, and are increasingly concerned as to their use.  One interesting practice is developing among the financial industry in New York, with major financial firms asking junior bankers to confirm their loyalty on a regular basis in an effort to limit leaving to go to other talent-hungry firms.  Goldman Sachs allegedly asks new analysts to certify every three months that they haven’t already lined up jobs elsewhere.  J.P. Morgan also allegedly tells incoming hires that they will be fired if they are caught accepting offers of a future job somewhere else before they complete their first 18 months at the firm. 

Editor’s Note: The question is whether other employers should seek certain verbal assurances from applicants.  There does not seem to be anything illegal about this practice, provided it is applied consistently.  On the other hand, such a commitment appears to be one lacking a strong basis for enforcement, but it would appear to be a moral inducement to remain at the employer.

This article is part of our December 2025 Newsletter. 

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