Noncompete with regards to hiring former coworkers

UPDATED: Sep 30, 2022

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Noncompete with regards to hiring former coworkers

My coworker will likely be taking a job elsewhere and I want to move to the new company with her. Her noncompete says she may not solicit coworkers for employment at a new company. Can she be sued if I contact the company discuss a position with them on my own? I do not have a noncompete.

Asked on July 18, 2016 under Employment Labor Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on the exact language of the non-compete/non-solicitation agreement: there are agreements that would let you reach out to her, so long as she does not reach out to you; and agreements that will not let you work with her under any circumstances; and everything in between. Such an agreement is a contract; contracts are governed or controlled by their precise language. Have your associate bring her contract to an employment law attorney to review in detail, to see how it applies to this situation.

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 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.

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