As was recently reported in these pages, many New England
technology companies are hiring, creating an increasingly tight
labor market. When competition for workers heats up, litigation
often ensues, as employers seek to send a strong message to
both their competitors and employees that they are serious
about protecting their interests.
Each hiring event is unique, but the following guidelines
can help tech companies avoid common pitfalls as they recruit
and hire new employees.
1. Review all documents. It seems basic, but the source of
many disputes is a misunderstanding about whether a candidate
is actually subject to any postemployment restrictions. It is
not sufficient to simply ask, "Are you subject to a
noncompete?" and then accept "No" as an answer.
Ask for all documents that might contain post-employment
restrictions, such as nondisclosure, confidentiality and
invention assignment
