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That’s not what poaching means. Poaching describes the comportement of one company towards another. Employees are entirely accessory to what is being described
by StopDisinfo910 1y ago
That’s not what poaching means. Poaching describes the comportement of one company towards another. Employees are entirely accessory to what is being described here.
What’s meaningful is that Apple was hiring them because of the work they did for Massimo and doing so en masse at a single point of time.
If they had just hired experts on blood monitoring to staff a team and some of them happened to be working for Massimo before, it would just be hiring as usual and not described as poaching.
- wat10000 1y agoWhat’s wrong with that? Those employees took the offer of their own volition. There’s nothing wrong with offering someone a job because of their relevant experience. “Employees are entirely accessory” is exactly the shit I’m arguing against here. The whole idea of “poaching” implies that the employees are property, to be guarded by their owners and stolen by others. How can the people who actually do the work and are the entire reason for this so-called “poaching” not be central to it?
- StopDisinfo910 1y agoYou are arguing in the void I’m afraid. Once again, poaching describes the comportment of a company towards another. It’s not a statement regarding the morality of accepting of rejecting the offer from the point of view of the employee. It doesn’t in any way implies that employees are the property of a company. The issue is not about whether or not employees are central to work. That much is obvious. The issue is that building a talented team and putting in place the condition for it to properly work is a significant cost. That’s why it’s generally illegal for another company to just come and rehire everyone wholesale. The issue is not even hiring talents from another company. The issue is that it’s targeted. They are not hired because they are extremely talented. They are hired because they work for Massimo and will bring trade secrets with them. I’m sure the Apple of this world would like it being completely legal a lot. It would basically put a damper on any small companies trying to compete with them if they could just come and buy out the team of any potential threat to their hegemony.
- wat10000 1y ago“That’s why it’s generally illegal for another company to just come and rehire everyone wholesale.” Er, what? Can you elaborate on what makes this illegal?
- StopDisinfo910 1y agoThe hiring in itself is technically okay but if you do it too much - which is what I implied by wholesale - it makes it hard to defend against allegations that you are not misappropriating trade secrets which is illegal. That’s part of the dispute between Apple and Masimo.
- wat10000 1y agoIn other words, it’s not at all illegal for another company to come in and hire all of a company’s employees. It is illegal to steal trade secrets.
- StopDisinfo910 1y agoAggressively hiring all of a company’s employees will get you condemned for stealing trade secrets so, in other worlds, it’s de facto illegal.
- wat10000 1y agoI don’t believe you.
- StopDisinfo910 1y agoYou don’t have to believe me. You can do a quick search on the jurisprudence surrounding trade secrets and employee poaching. There are plenty of cases in high value industries - mostly banking and software. If a company lift a whole team in a short span of time, it gets really hard to argue there is no misappropriation.