Hiring from a Competitor: Practical Tips to Minimize Litigation Risk | Practical Law
https://content.next.westlaw.com/practical-law/document/I6c473f55cfe711e398db8b09b4f043e0/Hiring-from-a-Competitor-Practical-Tips-to-Minimize-Litigation-Risk?viewType=FullText&transitionType=Default&contextData=(sc.Default)A Practice Note describing the steps an employer can take to minimize litigation risk when hiring from a competitor. This Note discusses potential statutory and common law claims when hiring from a competitor, the need to identify any existing contractual restrictions a potential new hire may have, how to avoid potential issues during the recruitment process, ensuring the new hire is a "good leaver" during the resignation process, responding to cease and desist letters, and potential pre-litigation settlement concepts. The Note is jurisdiction neutral. For information on state-specific hiring or non-compete issues, see Hiring Requirements: State Q&A Tool, Non-Compete Laws: State Q&A Tool, State Restrictive Covenants Toolkit, and State Employee Hiring and Orientation Toolkit.
A Practice Note describing the steps an employer can take to minimize litigation risk when hiring from a competitor. This Note discusses potential statutory and common law claims when hiring from a competitor, the need to identify any existing contractual restrictions a potential new hire may have, how to avoid potential issues during the recruitment process, ensuring the new hire is a "good leaver" during the resignation process, responding to cease and desist letters, and potential pre-litigation settlement concepts. The Note is jurisdiction neutral. For information on state-specific hiring or non-compete issues, see Hiring Requirements: State Q&A Tool, Non-Compete Laws: State Q&A Tool, State Restrictive Covenants Toolkit, and State Employee Hiring and Orientation Toolkit.