Hiring employees after leaving company

I am employed in Maryland. A colleague and a friend of mine has left that company (A).

While talking to him about the kind of work he's doing I asked if he needs help. Consequently, I was offered a job in his new company (B). He only left, the company (A) a few months ago. Here's a clause in our employment agreement with company (A):

Hiring employees. The employee shall not, while an employee of the Company, nor at any time within three (3) years following departure from the company, recruit, assist others in recruiting or hiring, discuss employment with, or refer to others concerning employment, any person who is an employee of the Company or any affiliated company.

Is he in violation of that agreement even though I am the one who initiated the contact?

1 answer  |  asked Jul 9, 2007 09:02 AM [EST]  |  applies to District of Columbia

Answers (1)

Joshua Rose
Non-recuit clause

If you were no longer with company "a" at the time of the offer by company "b," there would seem to be no problem.
If you were still with company "a" and a former employee "discussed employment" with you, he breached the clause. The question whether the clause is enforceable would require some research into Maryland law.

posted by Joshua Rose  |  Jul 9, 2007 09:43 AM [EST]

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