Questions to Ask When Hiring a Recruit from a Competitor
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
Dallas non-compete lawyer Keith Clouse believes that when an employer hires an employee from a competitor, it must perform a risk assessment regarding the likelihood of litigation. When performing this assessment, the hiring entity should consider the answers to the following questions:
• Why is the employee leaving? What are the circumstances surrounding his departure? • How similar are the new and old job positions and the new and old job duties? • How competitive are the two businesses? Will the employee be directly competing against the former employer in his new role? • How likely is it that customers will follow the employee? • How likely is it that the employee’s former coworkers will follow the employee? • Did the employee have access to valuable trade secrets or proprietary information? Would the employee be expected to use or rely upon similar information in his new role? • Would other circumstances propel the employer towards litigation? For example, does the employer need to send a message to another employee who is contemplating a move? • Is the employee bound by a non-compete agreement? If so, has legal counsel reviewed the non-compete agreement and opined on its enforceability and applicability? • Historically, how aggressively does the former employer pursue enforcement of its non-compete agreements?
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about a non-compete issue, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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