When I left my previous company, I signed a paper saying that I wouldn’t pursue the employees of that company to leave. I’m curious if this is actually enforceable. Can they sue me if I refer someone to my new company. I’m in California. Thanks in advance!
That’s a non-solicitation agreement and under CA law they are generally unenforceable unless you’re exposing trade secrets etc.
Thank you!
It usually has a one year limit. I would just wait for one year before officially referring anyone.
Mine surely does
Even though they may say it’s a 1year limit, if they try to sue you, it won’t hold in court because the agreement itself is illegal. So aside from the nuance of them trying to sue you (cause some companies will try) you should feel comfortable referring someone. When in doubt, just ask a lawyer.
this is why you don’t tell your current company where your going to. There’s no requirement to tell them. Also in the interest of not burning bridges with your current company if you do refer people I’d be on the DL about it.
Why would you sign anything when leaving the company?
It's non-poaching, not non-compete.
Thank you! Corrected. Didn’t know that
Btw, I looked more into it, it seems like there are two terms: no-hire and non-solicitation. I’m more interested in non-solicitation