8 ms·
Some employers do have clauses in their employment contracts saying that you cannot invite your former co-workers to leave and come work with/for you for a cert
by dotBen 15y ago
Some employers do have clauses in their employment contracts saying that you cannot invite your former co-workers to leave and come work with/for you for a certain amount of time after you leave.
Yes, but depending on the state you live in (eg Cali) that isn't legal and thus unenforceable.
(you need to check your local state laws, or country law if outside of USA)
- earl 15y agoBen, My understanding is you are wrong -- while noncompetes are invalid in California, non solicitation agreements are enforceable or at least enough of a grey area that you really don't want to get in a pissing match with a company with in-house counsel. Not to mention the valley is really small. Maybe a proper lawyer could clarify?
- prodigal_erik 15y agoIANAL but I did find http://www.jacksonlewis.com/resources.php?NewsID=1465 http://www.jacksonlewis.com/resources.php?NewsID=1465 reporting that Edwards v. Arthur Andersen LLP "holds that nonsolicitation agreements are per se unenforceable unless they relate to the sale of a business".
- dotBen 15y agoI've never presented myself as a "proper" lawyer or improper lawyer :) The problem with "pissing matches" with in-house counsel is that they can happen even when you're 100% in the legal right. Anyone can send you a C&D and threaten you to court over anything - whether they are legally correct is another matter. Justice only exists if you can afford to stand for it with your time and money.
- NonEUCitizen 15y agoIn Silicon Valley, you don't have to "invite your former co-workers to leave and come work with/for you." When you leave, they will contact you on their own to find out what you're up to.