Can an ex employee poach staff?
When is poaching staff permitted? Poaching staff from a competitor is not, in itself, unlawful. It is common for employers to want to recruit staff with industry knowledge and who understand their client base.
What happens when a former employee approaches your customers?
Typical clauses include; “non-solicitation”, where the former employee is prevented from poaching existing or prospective customers; “non-dealing”, which prevents the former employee from dealing with former customers, and “confidentiality”.
Can an ex employee take clients from my firm?
Agree entirely with marks, although it hurts (your wallet and pride), you don’t own the clients and they are free to do whatever they like. If they have a better relationship with your ex-employee than they do with you then there was a definite underlying problem anyway.
Can a former employee seek business from a former customer?
A non-solicitation clause restricts the employee from seeking business from a customer or client or potential customer or client with whom they have directly dealt with or had personal dealings during their former employment.
What to do if an ex-employee poaching your customers?
If you are concerned about the terms of your employment agreement and/ or the actions of a recently departed employee, talk to an employment law lawyer, who will be able to advise you of your rights and develop a plan of attack. Your trade mark is one of the most valuable assets of your business.
What to do when former employee approaches your customers?
Employers need to ensure they are receiving a signed copy of the contract, containing the restrictive covenants, back from the employee so they can prove the employee was aware of the restrictions on their post-employment activity.
A non-solicitation clause restricts the employee from seeking business from a customer or client or potential customer or client with whom they have directly dealt with or had personal dealings during their former employment.
Agree entirely with marks, although it hurts (your wallet and pride), you don’t own the clients and they are free to do whatever they like. If they have a better relationship with your ex-employee than they do with you then there was a definite underlying problem anyway.
If you are concerned about the terms of your employment agreement and/ or the actions of a recently departed employee, talk to an employment law lawyer, who will be able to advise you of your rights and develop a plan of attack. Your trade mark is one of the most valuable assets of your business.