Noncompete with regards to hiring former coworkers

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Noncompete with regards to hiring former coworkers

My coworker will likely be taking a job elsewhere and I want to move to the new company with her. Her noncompete says she may not solicit coworkers for employment at a new company. Can she be sued if I contact the company discuss a position with them on my own? I do not have a noncompete.

Asked on July 18, 2016 under Employment Labor Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on the exact language of the non-compete/non-solicitation agreement: there are agreements that would let you reach out to her, so long as she does not reach out to you; and agreements that will not let you work with her under any circumstances; and everything in between. Such an agreement is a contract; contracts are governed or controlled by their precise language. Have your associate bring her contract to an employment law attorney to review in detail, to see how it applies to this situation.


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