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  1. #1
    Join Date
    Mar 2011

    Default Violating a Non-Solicit Agreement

    My question involves business law in the state of: NY

    Hey there folks,

    Quick question. I was let go from/left my job today, but I'm starting my own company. I know for a fact that about 4 other employees are interested in working with me since I'd talked with them about what I was working on. Here's the thing, I signed a NonSolicit when I started and again in the severance agreement.

    My questions are:
    • What is the worst case scenario if I knowingly violate it and just hire them anyway and the previous company takes legal action?
    • What are the possible loopholes? For example, I know that many employees are very unhappy at the company (I'm the 4th one to leave in 2 months) and are on their way out & looking for other work anyway. Could they testify to have left of their own volition?


  2. #2
    Join Date
    Sep 2010

    Default Re: Violating a Non Solicit

    A lot depends on what exactly the non-solicit agreement contains. Does it limit former employees from being hired for a time period? Does it limit your contact with them while they are employed at your former company?

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Violating a Non-Solicit Agreement

    Worst case scenario would be that they get an injunction shutting down your business, then win a judgment for money damages.

    If you want to know if the agreements are fully or partially enforceable, and what you might be able to do within the confines of their terms, run the specific language past a lawyer.

  4. #4
    Join Date
    Mar 2011

    Default Re: Violating a Non-Solicit Agreement

    Spoke with my lawyer, and the wording is pretty clear. That said, it comes down to whether or not I think my former employer would actually come after me, which I doubt. But even if they did & we could win, it would still cost a load in legal fees. His advice was just to be transparent about the situation.

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