Recruiting from Previous Employer 10

[dozer]

When I resigned from my previous position the big boss asked me not to recruit any of their employees. This request came after several days of negotiations to try to get me to stay and I was pretty much tired of arguing so I mumbled "Yeah, sure."

Now I'm kicking myself for not getting into it with him. Would he apprecitate it if he had an employee that wouldn't turn him on to a potential good engineer or designer because of loyalty to a previous company? I think not.

So what are people's opinions? Was it right for him to ask that of me? Is it right to raid previous employers?

Let me start with my two cents. The more I think about it, the more I think it's absolute BS that he even asked. Mainly for the reason I already gave.

As for the second question, it depends. If you're just being malicious and trying to wreck a company by stealing people, then, of course, I would say that's wrong. But if you have a legitimate need for someone, why risk the whole resume review, interview gambit and not just ask someone that you already know if they're interested. Last time I checked that was called free market econonomy.

 

[jetmaker]

RDK

I know this is a little late, but I have a question for RDK on his stance.

Non-compete clauses are unenforceable if the duration stated in the contract is too restrictive to the former employee. Therefore they must have a reasonable duration limit. So my question to you is, do you believe there would be a reasonable limitation before dozer (or anyone for that matter) could "reneg" on their word, especially when their word was given on such a broad spectrumed question?

Thanks,

jetmaker

 

[RDK]

A non-compete agreement is part of a contract. It is legally enforceable and under the law. If there are some terms that cannot be enforced these could be severed from the contract leaving the remainder of the contract in place without the offending clauses. This is called survivability and is often a separate clause in the contact as well.

Courts in both Canada and the US have ruled on the scope and applicability of non-compete agreements and these are generally well understood. (They vary somewhat from jurisdiction to jurisdiction and over time.)


This is not about a legally enforceable contract agreement. The promise to not recruit was a gratuitous promise and would never be enforced by any court in any civil law jurisdiction because it fails the test of being an enforceable contract (no exchange of consideration.)


It is about personal integrity. The promise was made and maker of the promise should live up to his word, since there is no limit on the promise then it should apply forever.

However since no harm can befall for breaking his word, I would put it up to the promiser as to how long he would keep his agreement in place. That may be 5 minutes or 50 years, up to the person and his own moral conscience.

Rick Kitson MBA P.Eng

Construction Project Management
From conception to completion

http://www.kitsonengineering.com

 

[Beggar]

I mean, how many of y'all have had a former employer ask you not to recruit? Not many I'll wager.

Not a former employer, my current one. One paragraph of my employment contract says that I will not recruit from within the company for 1 year.

Dittoes on the "keep your word" front.

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