3 ms·

Is that true? I was definitely under strict orders from my employer to not solicit anyone from my prior employer throughout 2019. I would be surprised if they d

Is that true? I was definitely under strict orders from my employer to not solicit anyone from my prior employer throughout 2019. I would be surprised if they didn't realize it's not enforceable...

gamblor956 7y ago
Silicon Valley companies do many things that aren't legal...and with respect to labor law, many things that are explicitly illegal, like anti-poaching arrangements, union-busting, ignoring health and safety rules, ignoring overtime rules... Apple specifically was one of the parties to the anti-poaching arrangements.
- creddit 7y ago
  Sure, but that's not what we're talking about here. There was even a case where we hired someone directly from my prior employer to be on my team but it was very clear that I wouldn't be involved to prevent any kind of non-solicit issues. We were also, as an organization, sued by another company, where our CRO was prior, for non-solicit issues when a large number of their sales staff joined ours. So I'm not sure this is relevant. Everything I've read suggests non-solicits are enforceable, including in CA.
  - gamblor956 7y ago
    Non-solicits are not enforceable in CA as a matter of law. In 2019, CA courts ruled that this also applied even while the soliciting employee is still employed at their old job. Of course, a competitor can and will sue if they feel like it financially benefits them to do so, such as by interfering in your company's business procedures or discouraging other employees from leaving. This doesn't mean that what they're doing is lawful or that they won't face legal penalties for their actions.
    - creddit 7y ago
      Seems you're right: https://www.law.com/therecorder/2019/06/11/employee-nonsolicitation-clauses-are-not-enforceable-in-california/?slreturn=20191110164948 https://www.law.com/therecorder/2019/06/11/employee-nonsolic...

3 ms·

Is that true? I was definitely under strict orders from my employer to not solicit anyone from my prior employer throughout 2019. I would be surprised if they d

by creddit 7y ago

Is that true? I was definitely under strict orders from my employer to not solicit anyone from my prior employer throughout 2019. I would be surprised if they didn't realize it's not enforceable...

gamblor956 7y ago
Silicon Valley companies do many things that aren't legal...and with respect to labor law, many things that are explicitly illegal, like anti-poaching arrangements, union-busting, ignoring health and safety rules, ignoring overtime rules... Apple specifically was one of the parties to the anti-poaching arrangements.
- creddit 7y ago
  Sure, but that's not what we're talking about here. There was even a case where we hired someone directly from my prior employer to be on my team but it was very clear that I wouldn't be involved to prevent any kind of non-solicit issues. We were also, as an organization, sued by another company, where our CRO was prior, for non-solicit issues when a large number of their sales staff joined ours. So I'm not sure this is relevant. Everything I've read suggests non-solicits are enforceable, including in CA.
  - gamblor956 7y ago
    Non-solicits are not enforceable in CA as a matter of law. In 2019, CA courts ruled that this also applied even while the soliciting employee is still employed at their old job. Of course, a competitor can and will sue if they feel like it financially benefits them to do so, such as by interfering in your company's business procedures or discouraging other employees from leaving. This doesn't mean that what they're doing is lawful or that they won't face legal penalties for their actions.
    - creddit 7y ago
      Seems you're right: https://www.law.com/therecorder/2019/06/11/employee-nonsolicitation-clauses-are-not-enforceable-in-california/?slreturn=20191110164948 https://www.law.com/therecorder/2019/06/11/employee-nonsolic...