The company I currently work for has an agreement with the company I want to go to work for, not to hire each other’s employees. Is that legal?

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The company I currently work for has an agreement with the company I want to go to work for, not to hire each other’s employees. Is that legal?

The company I currently work for has an agreement with the company that I want to
go to work for, not to hire each other’s employees. I can’t work for either for
at least 6 months before the other can hire me. Is that legal?

Asked on May 15, 2016 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is completely legal. Employment in this  country is employment at will: that means, among other things, that an employer is completely free to decide who to hire--and who to not hire. There is no right to employment. Employers can agree with each other to not hire each others employees, either for a period of time or forever; that fact that you want to go work for the other company is irrelevant.


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