Can I hire people away from my former employer?

Friday, October 19, 2007

Fred Greguras, Fenwick & West, http://www.fenwick.com/

Your employee invention assignment agreement with your former employer will likely have a restriction on soliciting employees, usually for a period of 12 months. The restriction usually doesn’t cover non-solicited hiring of your former employer’s employees but proving who solicited whom may be difficult. Even if the non-solicitation period has expired, you still need to be careful to make sure the new hire does not use trade secrets of your former employer while working for you.

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