In a recent article about employee poaching Mark Hendricks profiled the common practice of poaching a competitor’s talent.  In the article he noted:

  1. Employers like to hire people who are employed, not unemployed; 
  2. Reaching potential hires through social networking tools like LinkedIn has made poaching easier; and
  3. Potential employers need to worry about non-solicitation agreements, non-compete agreements and other confidentiality provisions a poached employee may have signed. 

My thoughts:


  1. Do your due diligence in determining what post-employment covenants a potential hire may have -this may impact whether you want to make the hire;
  2. Make the employee certify in writing that there are no post-employment covenants that would affect their future employment;
  3. Make it clear that if the case turns out that there are post-employment covenants, the employer may terminate the employee and not necessarily defend them in any type of lawsuit;
  4. Make  new employees certify that they have not taken any confidential or proprietary information that belongs to their former employer; and
  5. Remember – what goes around, comes around.