No-poach agreements can encompass everything from broad non-compliance agreements to less restrictive agreements, such as. B promises not to call each other too coldly (or to work with headhunters who hire employees) or even the awarding of job fairs between competing employers. In its simplest form, a non-poaching contract is an agreement, either in writing or orally between two or more companies, so as not to compete with the employees of the other. B, for example, by not claiming them during their employment or by hiring them for a certain period after they leave work. It is a kind of non-competitive agreement that includes non-recruitment, non-solicitation, no-hire and/or other conditions that affect an employee`s ability to move from one company to another. Companies sometimes include non-poaching clauses in comparisons that settle commercial disputes. They may also occur in the due diligence phase of a possible merger or acquisition or in the context of franchise agreements. In this article, I talk about these so-called non-poaching agreements, recent legal infringements on their validity and applicability, and some takeaways. A. The legality of any non-poach agreement must be assessed on the basis of the specific and often clear facts of each situation. Do not assume that a no-poach agreement, because it was considered “incidental” in a case, will also be considered incidental in various circumstances.
These analyses are entrusted to the cartel`s most experienced lawyers. The same issue is now being addressed in a group action filed in February in federal court in New York involving some of the world`s largest luxury retailers, including Gucci, Louis Vuitton, Saks and Prada. In this action, it is alleged that the defendants entered into non-poaching agreements between themselves that prohibit employees from moving from one company to another. In all cases, companies should avoid entering into agreements or agreements with other companies about their current or potential employees without first seeking the advice of an experienced cartel advisor. Non-poaching agreements between two companies apply, as is an agreement between a company and an individual.