Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 9 minutes by:
1/18/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,139
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.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Ask Your Own Employment Law Question
Customer reply replied 4 months 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.

Ask Your Own Employment Law Question

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Customer reply replied 4 months 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.

Ask Your Own Employment Law Question

Did you have any other questions before you rate this answer?

Ask Your Own Employment Law Question

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,139
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,139
18,139 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was taken to the hospital from work and was terminated
I was taken to the hospital from work and was terminated without notice while still being in contact with my supervisors telling me they were looking forward to me returing as soon as I was better. Wh… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
737 satisfied customers
I worked with a Canadian company and they terminated but are
I worked with a Canadian company and they terminated but are refusing to pay the last 2 weeks, they say because of breach of contract but that is not in the signed agreeemtn. what can I do… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I received termination letter titled a separation agreement
I received termination letter titled a separation agreement and general release via fedex envelope left at my home in between the two outside doors. Along with confidentiality and non-competetition ag… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
Yesterday my wife was informed she was being terminated for
Yesterday my wife was informed she was being terminated for mico- management and not moving the business. No formal performance evaluation regarding these two matters She was also informed she would b… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter was terminated yesterday. her supervisor gave
My daughter was terminated yesterday. her supervisor gave her a letter that stated ( As of 16 may my daughters name will no longer work for us). No reason was given what are my daughters option. … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,519 satisfied customers
My employment was terminated yesterday without cause
My employment was terminated yesterday without cause effective May 31st. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was terminated, I was told because they are eliminating my
I was terminated, I was told because they are eliminating my position. What rights do I have. I live in Maine. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
Are you an attorney? South Carolina. Termination of
individual was here on E2 visa, was to purchase 50 shares of stock, but failed to make payments under the contact, was found to be working on getting her boyfriend into the US to start a different business in competition to the one she was to be here on her E2 and was terminated. She has hired an attorney but it is not in suit yet, as President and CEO can I speak for the company in this matter?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Is there any case law for termination of an employee for
Is there any case law for termination of an employee for speech prior to being employed. Like 5 years before. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
My husband was wrongfully terminated back in December 22,
My husband was wrongfully terminated back in December 22, 2015. Then we went to the EDD court to file an unemployment benefit, and the company appealed. However, they lost the case for lack of evidenc… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is there a statute governing transactions of a terminated
Is there a statute governing transactions of a terminated salesperson? To be specific, does the law say that an Agency owes commission to a terminated agent if the deal closes after their termination?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can a US citizen be terminated and replaced with an
Can a US citizen be terminated and replaced with an immigrant on a L-1 visa? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I was terminated. The language used in my termination was
I was terminated. The language used in my termination was "result of company reorganization". I had not received notice of any disciplinary issues. My job was posted as available within one business d… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
18,139 satisfied customers
I was in jail and terminated for job abandonment in the
i was in jail and terminated for job abandonment in the state of washington. can i still apply for unemployment? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Termination of employment agreement and liquidated damage.
Termination of employment agreement and liquidated damage … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,560 satisfied customers
Help with terminating an employee with a medical issue. With
Help with terminating an employee with a medical issue … read more
Ray
Ray
Lawyer
Doctoral Degree
32,629 satisfied customers
Is it Leah all to terminate an employee because they are
Is it Leah all to terminate an employee because they are switching from short term to long term disability without any other cause? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Employer terminates for policy not trained on and is
Employer terminates for policy not trained on and is specific to apply to on hospital grounds, further hospital doesn't cite violation until 3 weeks following a FMLA leave request. … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
18,139 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x