Signed this agreement. Have employee who wants to come with me and they reached out to me. Below is the agreement in my old contract with prior company. Can I hire the representative?
During the period in which you are an employee of or otherwise affiliated with the Company and for a period of two (2) years following the termination of your affiliation with the Company Group for any reason or for no reason, you will not, without the prior written consent of the Company: Either individually or on behalf of or through any third party, directly or indirectly, (A) solicit, entice or persuade or attempt to solicit, entire or persuade any employee of or consultant to the Company Group to end or reduce such person’s relationship with the Company Group, or (B) employ, hire, cause to be employed or engaged, or solicit the employment of the engagement as a consultant of any employee of or consultant to the Company Group while any such person is affiliated with the Company Group or within six months after any such person ceases to be affiliated with the Company Group;
I would need more details about your employment with this company, but there is a chance that Part B is unenforceable. Typically these agreements must be reasonable in nature. Part B seeks to prevent you from hiring someone who worked for the company regardless of whether it is there choice to leave or if you enticed them to leave. You should definitely seek counsel from an employment law attorney.
This advice does not create an attorney-client relationship between us. You should seek advice from an attorney in your area who deals with this specific legal issue. I assume no liability for actions you take based on my answer.
It is likely that hiring this person would lead to a dispute with your former company. They would very likely disbelieve you that the second employee contacted you first. Then you may be called upon to prove in expensive litigation the order of who called whom. You should save all records you can to bolster your potential case. Moreover, the second prohibition, (B), potentially prohibits you from hiring this person regardless of who called whom. You should contact an employment attorney before hiring this person for an opinion, as you're likely to need one anyway in the event you do hire him or her.
This answer is provided for general information purposes only and is not intended as legal advice nor does it establish an attorney-client relationship.
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