Accessibility Tools

Skip to main content

The Latest      —

Employer Asked Applicants to Swear They Are Not Going to Leave

Written on .

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. 

    View the newsletter online

    Download the newsletter as a PDF

    Get Email Updates

    Receive newsletters and alerts directly in your email inbox. Sign up below.
    democrat donkey symbol, usa
    Legal Alert • Labor & Employment On Tuesday, November 3rd, the tsunami brought Democrats to power not only in both houses…
    november webinar promo graphic
    The Obama Administration changed the long standing Wage Hour Interpretative Bulletin concerning joint employment and independent contractor…
    stamp, desk table
    In a first for at least the last decade or so, the EEOC has brought a discrimination claim alleging the New York Times promotion practices…
    letter
    Suppose a former employee following termination makes threatening, harassing, defamatory or otherwise inappropriate statements or violates…
    changing leaf
    On August 17, James Macy became the third GOP-appointed member of the National Labor Relations Board (NLRB), giving the NLRB three members…
    glasses, beach, horizon
    On August 26, 2026, the U.S. Department of Labor (DOL) addressed employee wellness programs that permit fees on workers’ health premiums fo…