Hiring From Competitors: A Guide to the Legal Landscape
Keyword(s)
Hiring, recruiting, raiding
Every employer knows the best way to find top talent is to hire employees away from their competitors.
Credits
CalBar - MCLE:1.25, HRCI - HR (General):1.25, SHRM - PDC:1.25
Publisher
CAHR Conference
Description
Every employer knows the best way to find top talent is to hire employees away from their competitors. And every employer strives to keep their competitors from doing the same to them. This age-old dynamic has created a curious body of law in California. Employees in the Golden State generally have the legal right to change jobs, but career moves can still lead to legal liability for all concerned if not done properly. The recent class action settlement involving a "no-raiding pact" among Silicon Valley titans highlights the risks to employers who go too far in stifling competitive recruiting. This Seminar provides a lively and informative overview of the legal landscape when recruiting personnel from the competition. We will review each of the legal theories that come into play, including California\'s law against non-competes, tortious interference with contract, misappropriation of trade secrets, breach of fiduciary duty, defamation, and unfair competition. We will then consider the perspective of all three parties--the hiring employer, the target employer, and the employee--and offer practical guidance on the best practices for each party.