This can affect relationships with a competitor. If the intent of poaching is to obtain confidential information about an employer or business contacts, poaching can not only be unethical, but can also lead to litigation. Employers should also carefully consider the terms of an employee`s non-compete obligation. Job poaching occurs when a company hires an employee from a competing company. Job poaching often takes place in growing industries that need employees with high-demand skills. Another way for companies to deter employee desensitivity is through non-compete obligations. These agreements try to discourage workers from immediately taking a job in a competing company. The use of non-competition clauses is increasing. In its simplest form, a non-solicitation agreement is a written or oral agreement between two or more companies not to compete with each other`s employees, for example. B by not recruiting them during their employment or by not hiring them for a period after the end of their employment relationship.
This is a type of non-compete obligation that includes no recruitment, no solicitation, no hiring, and/or other conditions that affect an employee`s ability to move from one company to another. Companies sometimes include non-poaching clauses in regulations that resolve trade disputes. They can also occur in the due diligence phase of a potential merger or acquisition or in franchise agreements. In this article, I discuss these so-called no-poaching agreements, the recent legal attacks on their validity and applicability, and some conclusions. President Barack Obama`s administration said in a 2016 report criticizing the non-compete clauses that evidence suggested that these agreements could discourage workers from changing jobs and reducing their bargaining power. Employers should check whether there are no poaching clauses in their existing contracts and consider removing them. In addition, human resources professionals and others involved in hiring and compensation decisions should review the DOJ/FTC „guidelines” in order to identify and avoid antitrust traps. The flood of activity in this area of restrictive contract law will remain a hot topic for the foreseeable future, as will the risk of criminal and civil prosecution for companies that use non-poaching agreements. While you can enjoy these benefits as an employee debauched for another role, you should consider how often you allow poaching or how often you change jobs, as too many changes can signal to a new employer that you`re struggling to stay loyal to a company or that you may not have career guidance. that a new company is looking for.. .