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Q: Likelihood of employee solicitation clause standing in court ( No Answer,   1 Comment )
Question  
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.
Answer  
There is no answer at this time.

Comments  
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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