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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I think I know the answer however just want to be sure. I

This answer was rated:

I think I know the answer however just want to be sure.
I formally worked with an employee at my prior company. I have since moved on and had a non solicit and non compete for a two year period.

The employee worked for my former company, however my former company lost the contract and she ended up being employed by the company that took over the contract. So in essence she no longer was employed by the company I had the non solicit / non compete with.

I have an opening now (It has been a year since I left my prior company) and had reached out to her to see if she would be interested in an opportunity. She told me she was and also my prior company (hers as well) had also reached out to her to see if she was or would be interested in a spot as well.

I'm assuming that since she no longer worked for the company I had the non solicit / non compete with that there is no issue here at all, but I just wanted to be sure.

Thank you in advance for your time.
ormerly employed with company that I had a non compete and non so

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

You are correct, the non-solicit agreement would only cover current employees of the company that you used to work for and not past employees.

Since she is no longer an employee of your former company, you are free to recruit her to your company, and don't have any obligation to allow her to go your old employer and current competitor.

(Not to mention that per Business and Professions Code Section 16600, noncompete agreements are virtually unenforceable in California, so it's quite possible that the entire agreement would be considered invalid under California law).

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

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Thanks and best of luck!


Customer: replied 4 years ago.

Thank you Joseph.

So even though she mentioned that my / our former employer, the one signed the non solicit non compete with is pursuing her as well, it does not violate any anything..


Is that correct?


Again my thanks for your response.

Hello Mike,

Yes, that is correct. You are only prohibited from soliciting CURRENT employees, not ones who also have job offers from your former employer.
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