Description
Know your rights when hiring competitors employees and avoid legal pitfalls.
With a postpandemic mobile workforce and an increasingly tight labor market, many employers are faced with the challenges and risks associated with hiring a competitors employee, particularly with respect to candidates who pose a high competitive threat andor had access to confidential information. Compounding these challenges are recent legislative developments limiting the use of restrictive covenants in numerous states, in addition to the FTCs proposed rulemaking banning noncompete agreements altogether. In this session, you will learn how restrictive covenants and nondisclosure agreements may impact hiring decisions, including possible challenges to their enforceability, best practices during the hiring process, the offer stage, and the commencement of employment to insulate the company from liability to the maximum extent possible. Should litigation erupt after hiring a competitors employee, you will learn about the most prevalent claims against former employees and their new employers, the most common and most effective defenses to those claims, and the possible counterclaims that may turn the tide of litigation in an employers favor. This topic will help you understand the legal and practical risks associated with hiring a competitors employee, minimize those risks, utilize knowledge gained to effectively resolve issues short of litigation, and zealously defend any litigation that may ensue despite the employers best efforts.
Date: 2023-04-18 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives
* You will be able to explain the contours of nonsolicitation and noncompete agreements and the limits to their enforceability.
* You will be able to identify the legal risks and practical concerns associated with hiring a competitors employees.
* You will be able to discuss best practices in the hiring process.
* You will be able to review effective litigation strategies to preempt or to defend claims.