An employee is leaving (not yet left) and at some point in the process of finding their new job mentioned other open roles to another employee who then applied for a role and also secured it. Can I enforce an anti-poaching clause against the original employee?

The anti-poaching clause forbids my employee from recruiting one of my other employees to work for any other company or for herself. The period is for during and nine months after employment.

  • 1
    What exactly does the anti-poaching clause say? did he sign it? – Iñaki Viggers Mar 22 '19 at 14:45
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    I think it would be difficult to prove "poaching". First the other employee was still in the interview/hiring process, so unless the other employer said (we need Joe SixPack, please get him to apply) this would be a difficult sell. This seems nothing more than "hey, I got a job at XYZ and they are looking for other positions, I think it's a great company, check them out", it really isn't poaching. – Ron Beyer Mar 22 '19 at 19:25
  • Indeed, even the "nine months after employment" is dubious. That's a very long time for restraint of trade. – Andrew Leach Mar 23 '19 at 23:15

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