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Subject:
Likelihood of employee solicitation clause standing in court
Category: Business and Money > Employment Asked by: scin-ga List Price: $40.00 |
Posted:
14 Sep 2005 10:55 PDT
Expires: 12 Oct 2005 08:14 PDT Question ID: 568032 |
I'm looking for an answer on the Likelihood of the following clause standing in court. I am looking for the results of any previous cases that follow a similar line. I am leaving my company and will be in a position to hire at my new job, however I signed an agreement with this clause. Please assume that any potential employees that might be hired have not signed a legal non compete agreements that might limit where they can go. Both the old and new employers are located in Nevada. "Employees. Employee recognizes that Company's employees are uniquely qualified for their jobs, and that the identity of employees is Confidential Information. Therefore, Employee agrees that for a period of two years, Employee shall not solicit the employment of, nor employ, any of the Company's employees or encourage any other individual or entity to do the same." As a second part to the answer I would like to know if there are any ways around potential problems such as hiring as an independent contractor, etc. |
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There is no answer at this time. |
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Subject:
Re: Likelihood of employee solicitation clause standing in court
From: cynthia-ga on 11 Oct 2005 22:34 PDT |
In my opinion, this is a standard no-compete clause and it will stand up in court if your old employer wishes to enforce it. You can place ads in the newspapers to hire, but not solicit any specific individuals employed by your prior employer. The employees can certainly become self employed and you can hire their company, but there's a lot of talented people out there, I'd start fresh. Nevada employers can be bears. I lived there for 6 years... |
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