Hiring a Job Candidate Who Is Bound By a Non-Compete Agreement

/cdklawyers.com// 12/28/2010

Hiring a job candidate who is subject to a non-compete agreement with a former employer may expose an employer to huge risks.  Before doing so, Keith Clouse, a Dallas non-compete lawyer, suggests an employer contact employment law counsel.  An employment lawyer can advise an employer on how to avoid litigating against the job candidate’s former employer.

An employment lawyer can evaluate the non-compete agreement to determine its validity and scope.  An employment lawyer can also assess whether the job candidate’s performance in the new role could lead to a violation.  If so, counsel for the employer may need to contact counsel for both the individual and the former employer to resolve the issue.  Even if it appears unlikely that the new opportunity could result in a breach of the non-compete agreement, the employer’s counsel should coordinate with the individual’s attorney to ensure that all actions required by the non-compete agreement (such as the return of company materials and information) have been taken. 

Before hiring a job candidate subject to a non-compete agreement, an employer may wish to enter into a written agreement with the candidate to outline any limitations on the person’s job functions or on the person’s ability to solicit customers of the former employer.

To speak to Mr. Clouse about a non-compete agreement or about an employment agreement’s covenant not to compete, contact the employment lawyers at Clouse Dunn Khoshbin LLP at [email protected].

 

Press Release Contact Information:

KEITH A. CLOUSE

Clouse Dunn
Khoshbin LLP

214.220.2722
214.220.3833 ( fax)
[email protected]