Ignorance is bliss – until your euphoric state is
shattered by a lawsuit accusing you of poaching a competitor's
employer or using its confidential information to unlawfully
compete. With the increase in noncompete litigation, employers
must take steps to protect themselves from exposure to costly
lawsuits. One of the easiest ways is to ask a few questions
that will allow you to assess any potential legal risks that may
arise if you hire your competitor's employee.
1. Have you signed a noncompete,
nonsolicitation, confidentiality, or other agreement with any
previous employer that could impact your ability to work for
us? It's best to know what types of employment contracts
may be at play so you can make an informed business decision and
risk assessment. Arguing that you cannot tortiously interfere
with an agreement you don't know about will likely lead to
large attorney's fees and its success at the courthouse is, at
best, debatable.
