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PK0-005 · Question #242

After months of recruiting, a team finally found the right candidate for a very specific coding language assignment. Due to this delay, the team has a tight timeline without any float. A day before…

The correct answer is D. Have a meeting with the project sponsor to discuss the situation. A non-compete agreement is a potential legal issue that could expose the organization to liability. The project manager does not have the authority to unilaterally resolve legal or contractual matters - that responsibility lies with leadership and legal counsel. The correct…

Project Management Concepts

Question

After months of recruiting, a team finally found the right candidate for a very specific coding language assignment. Due to this delay, the team has a tight timeline without any float. A day before the candidate is scheduled to join the team, the project manager realizes the candidate has a non- compete agreement from the previous employer. Which of the following should the project manager do?

Options

  • AWithdraw the offer to the candidate and raise this as a risk.
  • BIgnore a potential lawsuit since this is a critical project.
  • CUse a third-party company for the contract to legally avoid responsibility.
  • DHave a meeting with the project sponsor to discuss the situation.

How the community answered

(27 responses)
  • A
    7% (2)
  • B
    4% (1)
  • C
    11% (3)
  • D
    78% (21)

Explanation

A non-compete agreement is a potential legal issue that could expose the organization to liability. The project manager does not have the authority to unilaterally resolve legal or contractual matters - that responsibility lies with leadership and legal counsel. The correct action is to escalate to the project sponsor, who has the authority and organizational standing to decide how to proceed (e.g., consult legal, delay onboarding, explore alternatives). Option A is premature without sponsor input. Option B is unethical and puts the organization at legal risk. Option C is a deceptive workaround that does not eliminate liability and violates ethical standards. The PM's role here is to surface the issue to the appropriate decision-maker immediately.

Topics

#Stakeholder management#Risk management#Issue escalation#Ethical considerations

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