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Does this mean I can solicit a employee After he employee…

Does this mean I...

Does this mean I can solicit a employee After he employee has no longer been an employee by the company for 3 months... You also agree that for twelve (12) months following termination of your employment with the Company, you will not, directly or indirectly, on your own or through others solicit, recruit, influence or encourage any Company Employee to terminate his or her employment with the Company. Company Employee shall mean any person who is, or who at any time during the three-month period prior to such time had been an employee of the Company or Company successor entity, except that Company Employee shall not include any person was terminated by the Company and, as a result, is no longer employed by the Company.

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes and they have not responded

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

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

No thanks

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Answered in 9 minutes by:
1/18/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,696
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

That's correct. Basically it says that you can't solicit a "company employee" and then defines what that means. It's someone who "is" (currently is) an employee or someone who had been an employee during the three month period prior to "such time". The "such time" refers to a moment or event, and most likely refers to the moment of soliciting / recruiting / influence / encouragement listed above. It's inexact contractual drafting, but I'd be confident saying that this is what it actually means.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Customer reply replied 1 month ago
If a good friend of mine works for the acquiring company and we discussed going somewhere else to work together prior to my termination date and he quits the squiring company prior to my termination date does that still mean I can not hire him for 3 months???

It's all about action. That is, so long as you don't solicit, recruit, influence, or encourage him to leave, then it's not violating these terms. For example, if he comes to you and asks for a job, that doesn't violate these terms. It's based upon what you do to cause him to leave, rather than what he does in response to you leaving. The key is to show a record (emails, texts, etc... of him asking for a job, and maybe some reluctance on your part given that he's an employee, but certainly nothing that would show encouragement for him leaving). That way, having a paper trail showing that you discouraged it rather than encouraged it would make it more likely that it would be found in your favor if the employer took this to court.

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Customer reply replied 1 month ago
What if I applied for a new job at a company. During a reference check from a recruiter, the recruiter approached him about another job at the company in the process of me getting hired and he pursues it, and would eventually be working for me should he get the job?

That'd be fine, as it would not be you doing the recruiting / soliciting / etc... but someone else. You're only responsible for your actions and what you cause others to do, not what others do without your direction.

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ScottyMacEsq
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Satisfied Customers: 17,696
Experience: Licensed Texas General Practice Attorney
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