In today’s competitive marketplace, it is not uncommon for employees to leave one company to go work for a competing business. But when that happens, what is considered fair play and what constitutes unfair competition? What protections can (and should) a company have in place to prevent a former employee from competing in an unfair manner? And what are the legal risks for the new employer who hires that worker?
Speaking at McAfee & Taft’s EmployerLINC17 seminar in Oklahoma City in a presentation titled “Employee Hiring and Departures: Do’s and don’ts for fair competition,” labor and employment attorneys Phil Bruce and Roberta Fields present a case study of an employee who violates several restrictive covenants when he leaves to go work for another company. The presentation includes a discussion of the business and legal risks associated with each party – the employee, the old employer, and the new employer – and a checklist of do’s and don’ts to ensure fair competition.