What constitutes a breach of a non-solicitation clause?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes a breach of a non-solicitation clause?
I have an non-solicitation clause with a former employer. It prohibits me from soliciting current employees from my former employer for 1 year if the services are competing. My former employer is a professional services firm and my new employment is in a completely different industry; it does not compete at all. Actually they would be a client not a competitor. They are not a current client that is not the issue. Could I be sued for hiring a current employee under my non-solicitation clause even though our businesses don’t compete if it’s still within the year?
Asked on April 23, 2011 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you write, it would appear that you could hire a current employee. However, for a more definitive answer, you need to bring the agreement to an employment law attorney who can evaluate alll it's language, and also the specifics of your situation (e.g. the exact nature of the companies) in detail for you.
More generally, since even if you'd ultimately win, being sued and having to defend yourself is itself a losing proposition (costs time, money, etc.), why risk it? Is there any reason you absolutely *need* current employees of your former employer? Since, even if you are in the right, if the employer feels you are in the wrong--or simply is angry enough--they may try to sue you, why give them the excuse? In this economy, there must be many qualified people you can hire who do not currently work for your former employer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.