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> It's illegal to poach people (make them work for your company) In most of the world (and where I live) it isn't, on the contrary having anti-poaching policie

> It's illegal to poach people (make them work for your company) In most of the world (and where I live) it isn't, on the contrary having anti-poaching policies is illegal and resulted in a huge anti-competitive/wage-supression lawsuit: https://knowledge.wharton.upenn.edu/article/silicon-valleys-poaching-case-growing-debate-employee-mobility/ https://knowledge.wharton.upenn.edu/article/silicon-valleys-... https://www.classaction.org/blog/silicon-valley-antipoaching-deal-rejected-by-judge https://www.classaction.org/blog/silicon-valley-antipoaching... What's even more egregious is that a group of people leaving to start something better together is part of how silicon valley got started: https://www.wikiwand.com/en/Traitorous_eight https://www.wikiwand.com/en/Traitorous_eight

WHATDOESIT 4y ago
Didn't know about that, thanks!
dahart 4y ago
I was in the defendant class for one of these Silicon Valley film anti-poaching lawsuits. :) And I agree that companies, including the one I worked for, shouldn’t be able to agree to prevent hiring from each other. The main problem this caused was it made it harder for any individual to leave one company for another, with no poaching involved, and because of that (it was argued) it suppressed the general competitiveness and salaries of the employees. Do keep in mind that this case (companies agreeing they won’t hire from each other) is a bit different from an angry employee leaving and soliciting some friends to go with him to a new company. Like I said, it might be perfectly legal, and yet still cause you serious trouble if you do it. Some people have ended up a lot more frustrated after leaving because of things they did on the way out. It can work out well if you’re really in a position to start your own company and fight like the Traitorous Eight, but for most devs who just want a job, making huge waves on exit is pretty dangerous. Don’t take my word for it though.
- fabianhjr 4y ago
  I agree that it is normally wise to keep in mind the power disparity and interconnection between individuals and corporations. (And that not because something is legal you will have a good time) > but for most devs who just want a job, making huge waves on exit is pretty dangerous Yeah, it is easier (both in effort and in future prospects) to keep a low profile. Though I was focusing on legality/acceptability of poaching/leaving as a group.
inerte 4y ago
Also is the word here really "illegal" or more like a breach of contract? I am not saying doing the opposite of what you signed is legal per-se, my point is that I am not sure if there are actual written laws saying you can't poach. At least in my experience people agree to that, and it's usually when exiting a company, not when joining. As in "you agree not to initiate poaching up until 12 months after leaving the company".
- fabianhjr 4y ago
  > As in "you agree not to initiate poaching up until 12 months after leaving the company". Where I live that can be legal with the following caveat (same for non-compete): - They have to pay you (a consideration) when signing such agreement - It must be for a definite period of time. (Unsure about how much time is legal though) - The only penalty for breach would be to return the consideration. Where I live most non-competes/non-poaching agreements would be unenforceable since they don't meet the previous criteria. (Unenforceable clauses are normally refereed to as illegal though)

WHATDOESIT 4y ago

Didn't know about that, thanks!

dahart 4y ago

I was in the defendant class for one of these Silicon Valley film anti-poaching lawsuits. :) And I agree that companies, including the one I worked for, shouldn’t be able to agree to prevent hiring from each other. The main problem this caused was it made it harder for any individual to leave one company for another, with no poaching involved, and because of that (it was argued) it suppressed the general competitiveness and salaries of the employees. Do keep in mind that this case (companies agreeing they won’t hire from each other) is a bit different from an angry employee leaving and soliciting some friends to go with him to a new company. Like I said, it might be perfectly legal, and yet still cause you serious trouble if you do it. Some people have ended up a lot more frustrated after leaving because of things they did on the way out. It can work out well if you’re really in a position to start your own company and fight like the Traitorous Eight, but for most devs who just want a job, making huge waves on exit is pretty dangerous. Don’t take my word for it though.

fabianhjr 4y ago
I agree that it is normally wise to keep in mind the power disparity and interconnection between individuals and corporations. (And that not because something is legal you will have a good time) > but for most devs who just want a job, making huge waves on exit is pretty dangerous Yeah, it is easier (both in effort and in future prospects) to keep a low profile. Though I was focusing on legality/acceptability of poaching/leaving as a group.

inerte 4y ago

Also is the word here really "illegal" or more like a breach of contract? I am not saying doing the opposite of what you signed is legal per-se, my point is that I am not sure if there are actual written laws saying you can't poach. At least in my experience people agree to that, and it's usually when exiting a company, not when joining. As in "you agree not to initiate poaching up until 12 months after leaving the company".

fabianhjr 4y ago
> As in "you agree not to initiate poaching up until 12 months after leaving the company". Where I live that can be legal with the following caveat (same for non-compete): - They have to pay you (a consideration) when signing such agreement - It must be for a definite period of time. (Unsure about how much time is legal though) - The only penalty for breach would be to return the consideration. Where I live most non-competes/non-poaching agreements would be unenforceable since they don't meet the previous criteria. (Unenforceable clauses are normally refereed to as illegal though)