Recruiting talented employees is key to the success of any
business. Doing so can be tricky, however, particularly when the
person you want to hire is working for the competition and is
subject to postemployment restrictions, such as non-competition and
customer non-solicitation covenants. The following provides some
basic guidance for what you and your company should do when faced
with such a situation.
Ask the right questions of the prospective employee.
Foremost, it is important to know whether the individual you
intend to hire is bound by any post-employment restrictive
covenants with a previous employer. Generally, you will be looking
for non-competition, nonsolicitation agreements (possibly including
restrictions against soliciting the former employer's
employees, customers, contractors, suppliers, or vendors), and
confidentiality agreements, but all potential restrictions should
be explored. In addition to the more traditional employment
agreement,
