Hiring Previous employer employee 2

[NFExp]

All

I started my own firm about 3 years ago and one of my previous employers employees reached out to me for a position. I did the interview and I would hire this person but I dont know if I should. I worked with my old employer for years and even though we are not close personal friends, I consider him a friend and colleague and will time to time reach out to him for advice.

I will say that the person I interviewed has 2 friends working at my office, and my old employer is under paying him about 25%. He is leaving my old employer regardless. I would pay him more right away. I know he would be super beneficial for my company since little training would be required. I do think that my old employers business would be hurt temporarily while he scrambles for another person.

Both our companies are about the same size, less than 20 people so one person can make a huge impact.

I'm torn on whether I should hire him because I did not reach out to him for the position, he called me several times. He is leaving regardless. Finally he is underpaid, which I think is wrong based on his responsibilities.

Any opinions would be appreciated

 

[LittleInch]

I think three years is going to be long enough that any ill feeling of you leaving and presumably not immediately poaching employees from your former company has not happened.

Sure your old boss might be temporarily p!ssed off, but shit happens.

I would just play it straight down the line - The person applied to you, not the other way around, you like him, he likes you, you're going to pay him more, he's going to leave anyway, so offer him the job.

As soon as he accepts send a message to the person saying you will understand he might be upset, but that this is just a business decision and simply and only state that you didn't approach him. Don't break any confidences like you are offering him more money or that he would leave anyway and just keep it as business, not personal. Short and sweet. You could always offer to hire him back to him at a "special" rate for a few weeks?? don't know how that would go down, but if it was limited to say 4 weeks then it might help??

The other thing to think about is what do you think would happen the other way around? How would he react? Would he still hire a good person currently working for you? I think you know the answer, so why would you react any differently? Why should you suffer from not having good people just because you might upset someone you don't work for any more?

Then leave it 6 months before you "reach out" to him for any advice to let things settle down.

People resign and get hired all day every day. sure it sometimes isn't ideal, but hey, the world continues to turn and with 20 odd people, it's not like you're taking 25% of his work force.

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[dik]

I think LI has summed it up... with one more comment. If he's good, I'd pick him up.

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[NFExp]

Everyone I talked to agrees with you so far.. Thanks for your input

 

[IRstuff]

While everything is collegial and kumbaya at the moment, I would caution you to get a written affidavit from the employee that you did not recruit them and that they sought you out on their own. People lie for various reasons, and should your former employer press them, they might claim that you did recruit them and offered a higher salary for them to bail.

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert!

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[LittleInch]

But even if he did change his tale to the current employer, so what? There is no mention of any anti poaching agreement at all and I wouldn't expect any to last more than 2 years.

It would just sour the relationship a little, but what good would it do anyone, in particular the employee leaving the other company. Unless you're a complete idiot you don't burn bridges when you leave a company unless you really never want to work them them or the people in it ever again. Never say Never.

If people were banned from asking employees of other companies to come join them instead, the recruitment market would seize up(!)

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.

 

[dik]

Is that illegal? or even unethical?

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[IRstuff]

While the poaching charge might not stick, there are other suits that could be brought, such as intellectual property theft; not saying that could, or might, happen, but CYA. Such suits are more common in Google circles, but having that affidavit that you didn't actively recruit them eliminates one of the bones in the fishbone chart.

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert!

https://www.youtube.com/watch?v=BKorP55Aqvg

faq731-376 forum1529 Entire Forum list

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[dik]

Thanks...

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[chris3eb]

You could always offer to hire him back to him at a "special" rate for a few weeks?? don't know how that would go down, but if it was limited to say 4 weeks then it might help??

I don't think that would really fly in the structural industry. OP could tell the new hire that the start date is flexible to let the new hire decide if we wants to stay on a little longer with the old company to help the transition. But loaning out employees is not common practice in my experience and it would certainly leave a bad taste in my mouth if my new boss made a deal with my old boss and wanted to loan me out.

 

[Ron]

Check to make sure he is not under any type of non-compete clause with his current employer. That can be a nightmare for you if you hire him.

If he doesn't have a non-compete agreement...hire him. It has been long enough and he sought you, you're not poaching him.

 

[dik]

Thanks, Ron... different environment up here... courts look unfavourably when 'non-competes' interfere with livelihood...

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[geotechguy1]

Are non-compete clauses actually enforceable anywhere?

 

[MacGyverS2000]

From the National Law Review, Jan. 2020:

https://www.natlawreview.com/articl...s-non-compete-clauses-increasingly-under-fire

Until fairly recently, non-compete clauses and other employer practices affecting employee mobility and wages were a relatively minor focus of U.S. antitrust enforcement authorities. No more. Over the past few years, the U.S. Department of Justice Antitrust Division (“DOJ”), the Federal Trade Commission (“FTC”), and various state attorneys general have focused significant attention on competition in the labor markets. Three years ago, the DOJ announced a significant change in enforcement policy, warning corporations and executives that, going forward, it would scrutinize and even criminally prosecute “naked” no-poach and wage-fixing agreements between competing employers.[1] Numerous state attorneys general have been increasingly aggressive in this area, advocating for stronger federal action and initiating their own state actions against particular uses of non-compete clauses and no-poach agreements. Federal legislation has been proposed — and is gaining bipartisan support — regarding the use of non-compete clauses. The plaintiffs’ bar has become increasingly active, challenging the enforcement of non-competes and bringing class actions against employers who enter into alleged no-poach agreements. And just this month, the FTC held a workshop to explore an FTC rule that would significantly limit or perhaps even eliminate the use of workplace non-compete clauses in employment agreements or standalone restrictive covenant agreements.

Dan - Owner

http://www.Hi-TecDesigns.com

 

[Guest090822]

IRstuff - The Intellectual Property suit won’t go anywhere unless there is something in writing stating that the employee was working on something considered IP, and an acknowledgment by the employee that they were aware. A non-disclosure agreement is also usually required. I’ve been there, former employers use the IP lawsuit as retaliation, most judges see right through it and will tods the lawsuit out in the absence of the other documents I mentioned.

 

[NorthCivil]

If you care at all about your standing with your old boss, i have heard of "courtesy calls" being made. You could make one, call your old boss and ask him if its ok you take on the employee. let your new employee know youre going to place the call to his boss. The boss may kick him out the door instantly, and you get a head start with your new guy.

its "gentlemanly" in some ways. reality rears its ugly head eventually, we can layer any kind of pleasantries we like on top, thats only human.

 

[dik]

Bad idea to check with previous employer, if he's still employed.

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik

 

[ukengineer58]

cant see why this is a issue or you 'owe' your old employer more than you owe your own business.

 

[TheTick]

So... someone with talent wants to work with you. Your other employees like him. Tough choice.

Honesty may be the best policy, but insanity is a better defense.

http://www.EsoxRepublic.com

-SolidWorks API VB programming help

 

[dik]

summed up, tick...

Rather than think climate change and the corona virus as science, think of it as the wrath of God. Feel any better?

-Dik