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- EVEN CELEBS HAVE NON-COMPETES
- EMPLOYEE POACHING
- CAN YOUR OLD EMPLOYER PREVENT YOU FROM GETTING A JOB?
- FREE BOOK ON VIRGINIA NON-COMPETE AGREEMENTS
- PLEASE STOP SEARCHING FROM YOUR WORK COMPUTER
- More Recent Articles
- Search Virginia Non-Compete Law Blog
Don't you just love one local news anchor? Isn't it usually the case that we pick favorites and watch their news cast? I know I do.
Well, your local TV personality likely has a non-compete agreement. If he or she leaves, you the viewer may follow which the network clearly does not want.
One Washington State based anchor tried to move from TV to radio with a few TV appearances and she is being sued for breach of her agreement. Her response? Sue the network right back for discrimination.
We will see how this news making lawsuit plays out.
When hunters or fishermen are referred to as poachers, they are taking wildlife illegally, perhaps in violation of state or federal conservation laws.
So if a company recruits a star employee, can that also be considered poaching, an illegal taking?
Yesterday's Wall Street Journal featured a great article about small firms taking employees: FIRMS POACH TOP TALENT FROM RECESSION WEARY RIVALS. I would recommend you read the article.
Ms. Mattioli writes about financial - services firms taking top talent from the larger players and enticing them to smaller houses. The trend continues in retail and other industries. While some companies have had to cut back during the recession, employees may be enticed by new offers and a change in pace.
But is it really poaching to recruit someone already employed?
It may be poaching, and therefore illegal, if the employee has an agreement NOT to compete or go work for someone else.
Dan and I write about non-competes everyday. We hear from Virginians across the pay scales and various industries who are hamstrung by employment agreements.
So, here is some general advice for business owners wanting to recruit or poach talent:
1. Ask if they have a non-compete. Ask to see it.
2. Have the agreement reviewed by an attorney who can discuss the risks and costs.
3. Decide whether or not the employee is worth the risk.
If you are lucky enough to be one of those employees, you need to know whether the new company is going to pay your legal fees if you are sued. Will you still have a job?
When business relationships are defined in contract, things get complicated. Make sure you know your rights before you jump ship. I have seen more than one star employee leave for greener pastures, only to get left behind by the new employer when suit is filed.
We get that question all the time. Can your old employer prevent you from getting a job? If they do, what are your rights?
Let us start to answer that question at the beginning.
1. Do you have an employment contract?
2. Does your employment contract state you will not compete?
If the answer to number 2 was yes, then your old employer can send a letter to your new employer, stating that you are in breach of your agreement and if they continue to employ you, company 2 will be sued.
If you agreed in writing not to compete, then your old employer can prevent you from competing by sending nasty grams to your new place of work. They have the right to do that because you gave it to them in a binding contract.
Now, what if you do not have an employment agreement. Can your old company send the same kind of threatening letter? Can they tell potential employers not to hire you? Sure, if your plan is to take their trade secret information, client lists, and or try to steal business from company #1. Under Virginia law, you do not have a right to use secret information for the benefit of another - and that can also lead to a lawsuit or you being prevented from working in certain fields.
So what if you (1) have no agreement; (2) are not using secret information; (3) are not trying to poach clients, can they prevent you from getting a job?
Under Virginia law, they are not allowed to try to ruin your career. If someone tries to do that, it is actually a criminal offense. Can they tell future employers you were a bad employee? Yes, if it was true.
I know it's a tough market out there. Good luck.
Last year Dan wrote a book on HOW TO BEAT YOUR VIRGINIA NON-COMPETE (photo below). It's been a "best-seller" as we have been sending free copies to Virginia employees for almost a year now.
Now, sometimes we get calls from business owners who want to scare ex-employees into submission. So I wrote a book for them too - title / cover below: HOW TO PREVENT VIRGINIANS FROM WORKING HARD AND SUPPORTING THEIR FAMILIES..
Ok, so I didn't write such a book. I failed attempt at humor.
Call today for Dan's book!
Fellow Virginians, please listen to the following advice:
PLEASE STOP USING YOUR WORK COMPUTERS / LAPTOPS / PHONES to search for information on:
- starting your own business
- names for your new business
- non-compete lawyers
- information on whether or current employment contract is valid
- how to breach your non-compete
I know you think no one at work would monitor your Internet activity, but lets' be honest. They might. And if you quit, they certainly will. And when they find out you have been planning to leave for weeks as evidenced by your searches / emails etc., they will assume you are hiding much more and may talk to a lawyer about filing suit against you.
I am not a genius, or even psychic. I know you are doing these searches because of who ends up on our website and blog, at what time, from what network using which key words.
If I know you are planning to leave, so will your employers. BE CAREFUL. You have no right to privacy on a work computer, and arguably, even if you open and send personal email (gmail, yahoo etc) from that computer, they could look at those emails too.
BE SMART and save the surfing for home!
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