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I was let go by my company back in April. I am joining a new…

I was let go...

I was let go by my company back in April. I am joining a new company in Sept and want to take 3 people from my old company with me who are already looking for a new job. I need help reviewing my Employment/Solicitation Agreement with my old company so that I can make sure to navigate this properly so I don't get into trouble.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Has anything been filed or reported?

No my old company doesn't even know where I'm going, but if I go in Sept then take 3 high performers with me in Oct, they will come after me if they can. They are notorious for treating people horribly, and for coming after them if they take talent.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

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Answered in 5 minutes by:
8/21/2017
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 62,190
Experience: Licensed attorney helping employers and employees.
Verified

Hello and welcome. I am working on your answer and will be right back!

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Please load it and let me know your concern

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Customer reply replied 10 months ago
Please load what? A copy of my Emp/Solicitation Agreement?

Yes, unless you want to discuss the terms, what I really need to know are the terms of the non compete as to time and geography

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Customer reply replied 10 months ago
Ok. give me 2 mins and I'll try to find any relevant agreements.
The first one I found this morning is attached here. On Page-3, Section-6 is the NON SOLICITATION section.
I will check now to see what else i have.

are you able to find a new position without violating the non solicitation where company has done business in the last 2 years?

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From the reading of it, 12 months is reasonable, but if it leaves you unable to take a new position in your field, it is overbroad. Practically, if you dont take inventions or clients, company has no case at all.

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Customer reply replied 10 months ago
It's not about the company I'm going to, it's about the fact that I plan to invite 3 employees at my old company to join me in Oct.

You cannot do that. If they choose to follow on own accord, or if new company seeks them out, much safer.

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otherwise you are in breach.

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Customer reply replied 10 months ago
I already found a job, and they can't stop me b/c my new company is not directly competitive with my old company, but I want to take 3 top performers from my old company with me. These 3 people that I'm taking are arleady looking for new jobs, so how do I best navigate this?
please let me know if that is acceptable by replying "Yes" or "acceptable".
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They can apply without your encouraging it.
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Customer reply replied 10 months ago
I have not started my new company yet. I haven't even signed anything. So if my 3 old co-workers get recruited by the HR Dept at my new company, and then leave in Oct and join the new company, and then I join in Nov, then am I safe?
Customer reply replied 10 months ago
If this latest scenario will keep me safe, as if New Company recruited all 4 of us at the same time, then what do I need to do to cover my trail? Delete all emails, texts, etc, that is connected to New Company?
Customer reply replied 10 months ago
If you can help me figure out this last part, then i can respond that I have received an adequate answer. Please let me know how to approach these last two questions:21 August 2017 11:56
I have not started my new company yet. I haven't even signed anything. So if my 3 old co-workers get recruited by the HR Dept at my new company, and then leave in Oct and join the new company, and then I join in Nov, then am I safe?21 August 2017 11:57
If this latest scenario will keep me safe, as if New Company recruited all 4 of us at the same time, then what do I need to do to cover my trail? Delete all emails, texts, etc, that is connected to New Company?
1. Yes.
2. I see nothing to delete as you will have done nothing wrong.
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please let me know if that is acceptable by replying "Yes" or "acceptable".
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Customer reply replied 10 months ago
2. The CEO at my old company will figure out I had a hand in it b/c 2 of the 3 talent I'm taking I originally brought to my old company to begin with. Please advise on what I need to do to clear my trail to ensure that I'm safe and then I will be fulfilled. Thx
You can communicate to them that you are not encouraging them to leave.
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That its a great company and you are leaving for your own personal reasons.
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Does that help?
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please let me know if that is acceptable by replying "Yes" or "acceptable".
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Customer reply replied 10 months ago
done thanks.
Thank you!
Kindly rate me five stars.
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 62,190
Experience: Licensed attorney helping employers and employees.
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