Company law

How to poach an employee without being attacked?

Poaching is a relatively common practice. However, there are precautions that you must take under penalty of incurring of the risks to make you attack in justice by the company competitors. Here’s how to avoid this.

poach an employee

Stages of development
Start by first taking the precaution to receive other candidates before hiring one of the competitors. This is already a first cover which will avoid you making you continue for poaching. In addition, know how to approach the candidate with smoothness: do not make him returns inside, will be able to cram it.

Make sure whether you want to poach employee is not bound by a contract containing a non-competition clause. If this is the case, you have a choice: on the one hand, you have the option to request a certificate of employment which does not mention this clause, in the majority of cases. You can then blame the former employer’s negligence. Or, you can try to remove this clause, arguing that the compensation offered to the employee are lower or the length of the clause is too long.

If you want to poach an employee of a competitor, you are advised to hire through a recruitment agency. Another alternative may also be to negotiate directly with the employer to the employee if the latter agrees to incorporate your company.