Peazius

Manager Business Development

Non-Solicit Agreement

Considering going to work for a former boss who signed a non-solicit agreement with my current company. It's a great opportunity for me, more money, blah blah. This former boss would essentially be in violation of that agreement.

Obviously there would be burned bridges here for me leaving to go work for them, but are there any other repercussions I should be worried about? I don't think I'm assuming any risk, I can leave to go work wherever I want right?

Would love to hear any experiences or advice on this.

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CoorsKing

WR Officer

Retired King of the Coors Knights

Typically, I would have asked Incognito as she was the legal expert. However, since the Bravado team decided to suddenly remove her from the platform I’ll have to pass it to @poweredbycaffeine .

In my experience, while there may not be as much of a repercussion for you, your boss definitely would be in violation and could, potentially, face legal action. Typically though I’ve never seen it followed through on if only 1 person is poached.

The only way you would be at risk in this situation is if you signed a non-compete when you joined, and if this new company is viewed as a competitor.

That said though if your current company REALLY wanted to be dicks they could hit up HR at the new company, say this move is a violation of that, and try to have that HR at new co block your hire.

poweredbycaffeine

WR Lieutenant

☕️

Did they recruit you directly, and if so, is there a paper trail that can be subpoenaed in a case?

Also, and I mean no offense by this, but does your company see you as an invaluable and non-replaceable asset? Usually companies only go after people when they steal IP-possessing and/or high ranking members of a company. A rep means much less to a legal team unless you’re the top closer.

Peazius

Opinionated

Manager Business Development

I reached out to them for advice & they happened to be hiring for my role, which is a BDR manager. So I asked to apply & start interviewing.

Being in a BDR management role, and the only one at my company I'm guessing I have some value here. But replaceable? Sure.

Peazius

Opinionated

Manager Business Development

Really appreciate this answer - luckily it's not a competitor, totally different space but still SaaS.

My boss is pretty determined to get me to come over so I assume they understand the risk of violating the agreement.

Any tips on how to navigate leaving the current company? I know that I don't have to share where I'm going but that tends to make things even more awkward. I will be taking some time off in between roles if I accept the job so maybe just tell them I don't have another job lined up yet? Idk

CoorsKing

WR Officer

Retired King of the Coors Knights

You don’t have to tell them anything, when I left my last company I just said “I had an opportunity present itself that I could not pass up”. That was it.

UserNotFound

Politicker

Account Executive

Hold up- I've been gone for a hot minute... Incognito is gone?!

CoorsKing

WR Officer

Retired King of the Coors Knights

Yeah :( full ban with no warnings

UserNotFound

Politicker

Account Executive

Yikes… I can’t imagine what could/would happen on this platform that would cause a full ban. Damn I chose a bad time for a hiatus!

CuriousFox

WR Officer

🦊

Did you sign a non compete when you started with your current company? If so what does it say?

Peazius

Opinionated

Manager Business Development

Not that I remember. But the company I would be joining wouldn't be a competitor to where I am now.

funcoupons

WR Officer

👑

You're fine then. Your boss might face some heat, but it's likely to be all talk. Most companies aren't going to take someone to court for violating a non-solicit unless the employee they poached was highly valuable and essential to company operations (think C-Suite.)

Jewcan_Sam81

Politicker

Account Executive

You're totally fine, I really wouldn't trip too much. There usually is just some kind of time limit if you did sign some kind of "no-employee-poaching" agreement. At least that's what I've often seen

Pachacuti

Politicker

They call me Daddy, Sales Daddy

The guy is not violating a non-solicit agreement if he has nothing to do with you being hired. Make sure he involves MANY others in the hiring process and there is no paper trail leading back to you two having any private discussions. This is when HR can really be your friend (the rare case).

Justatitle

Big Shot

Account Executive

If they can't prove you were poached and you made the decision on your own then there isn't much meat on the bone. it's a legal nightmare for the current employer along with your new employer if any action was taken, most likely they would send a cease and desist

DataSlangah

Politicker

SAE

I also think it depends on what his non-solicit contract says. Mine doesn't say anything about poaching former colleagues, but I can't solicit any former customers for 1 year.

BmajoR

Arsonist

Account Executive

I hate to turn up out of the blue. God only knows what we're fighting for.

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Peazius

Non-Solicit Agreement

16 comments

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