Even in the absence of an anti-raiding agreement, a company that excludes multiple employees from a competitor could be implicated because of employee raids or poaching. How a court sees this behaviour depends to a large extent on the numbers. The larger the number of employees hired by the competitor, the more likely it is that a court will consider this conduct to be unfair competition. The purpose of staff raiding is usually access to unique or rare knowledge or skills that the employee may possess. The employee`s admission gives the thief an unfair competitive advantage. Employers can try to protect themselves from the most damaging effects of the raid by inserting competition bans into employment contracts. When a company uses an employee subject to anti-raiding regulations to commit poaching, the company opens up to exposure to illegal interventions. The assertion is often based on the theory that the company allegedly pushed the employee to break its anti-raiding agreement with the competitor in order to gain access to the competitor`s employees who, moreover, came with the competitor`s customers` knowledge and confidential information. The entity must obtain any agreement or document signed by potential jobs. This is not limited to employment contracts, but also includes manuals, action participation agreements, ERISA plans, etc.
Any or all of these documents may contain restrictive alliances. In addition, certain terms contained in a document may change or detach from the terms contained in a separate document. No stiffening agreement relates to an organization`s attempt to register members of another labour organization or employees already covered by a collective agreement negotiated by another labour organization, with the aim of undermining its bargaining relationship. A non-raiding agreement is a written promise signed by two or more work organizations to cancel the raids. Contact Ms. Dolghih at (214) 949-4458 or Leiza.Dolghih@GodwinLewis.com to agree on your confidential advice regarding your anti-raiding agreement or if you wish to implement anti-raiding agreements to protect your business.