How do non-solicitation agreements apply to terminated employees.
Suppose two companies (in Texas) have a contract for the exchange of services that includes a clause that prohibits each party from soliciting the other's employees for one year after the agreement is terminated. Now suppose the agreement is in fact terminated. Also suppose that a particular employee of one of the companies is also terminated, but not for cause. Can the other company hire this terminated employee within one year of the contract termination without violating the non-solicitation agreement?
I am particularly interested in Texas precedent.
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