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Can I get in trouble for referring several friends from a company I just left? [closed]
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I've heard of anti-poaching laws (or something), and was wondering if this applies to employees or just to employers? The situation I'm in is that I've been offered a position at a very high-profile company, and have thus already received several referral-request hints from some people I currently work with.
If I did end up referring several of them, and several of them in fact got a job at my new company, am I violating any laws?
new-job
edited Jun 4 '14 at 15:28
gnat
3,22973066
asked May 21 '14 at 20:43
MrDuk
266115
closed as off-topic by Telastyn, jcmeloni, Michael Grubey, gnat, Joe Strazzere May 22 '14 at 11:41
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – Telastyn, jcmeloni, Michael Grubey, gnat, Joe Strazzere
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I've heard of anti-poaching laws (or something), and was wondering if this applies to employees or just to employers? The situation I'm in is that I've been offered a position at a very high-profile company, and have thus already received several referral-request hints from some people I currently work with.
If I did end up referring several of them, and several of them in fact got a job at my new company, am I violating any laws?
new-job
edited Jun 4 '14 at 15:28
gnat
3,22973066
asked May 21 '14 at 20:43
MrDuk
266115
closed as off-topic by Telastyn, jcmeloni, Michael Grubey, gnat, Joe Strazzere May 22 '14 at 11:41
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – Telastyn, jcmeloni, Michael Grubey, gnat, Joe Strazzere
1
It likely depends on your locale, as well as any employee agreement you signed with your previous company. Beyond legal ramifications, you'll likely also need to worry about how people will react to you poaching all of their people.
– Telastyn
May 21 '14 at 20:58
1
Since legal questions are off topic, you may want to emphasis other drawbacks like burning bridges.
– user8365
May 21 '14 at 21:11
add a comment |Â
up vote
0
down vote
favorite
up vote
0
down vote
favorite
I've heard of anti-poaching laws (or something), and was wondering if this applies to employees or just to employers? The situation I'm in is that I've been offered a position at a very high-profile company, and have thus already received several referral-request hints from some people I currently work with.
If I did end up referring several of them, and several of them in fact got a job at my new company, am I violating any laws?
new-job
edited Jun 4 '14 at 15:28
gnat
3,22973066
asked May 21 '14 at 20:43
MrDuk
266115
I've heard of anti-poaching laws (or something), and was wondering if this applies to employees or just to employers? The situation I'm in is that I've been offered a position at a very high-profile company, and have thus already received several referral-request hints from some people I currently work with.
If I did end up referring several of them, and several of them in fact got a job at my new company, am I violating any laws?
new-job
edited Jun 4 '14 at 15:28
gnat
3,22973066
asked May 21 '14 at 20:43
MrDuk
266115
edited Jun 4 '14 at 15:28
gnat
3,22973066
edited Jun 4 '14 at 15:28
gnat
3,22973066
edited Jun 4 '14 at 15:28
gnat
3,22973066
3,22973066
asked May 21 '14 at 20:43
MrDuk
266115
asked May 21 '14 at 20:43
MrDuk
266115
asked May 21 '14 at 20:43
MrDuk
266115
266115
closed as off-topic by Telastyn, jcmeloni, Michael Grubey, gnat, Joe Strazzere May 22 '14 at 11:41
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – Telastyn, jcmeloni, Michael Grubey, gnat, Joe Strazzere
closed as off-topic by Telastyn, jcmeloni, Michael Grubey, gnat, Joe Strazzere May 22 '14 at 11:41
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – Telastyn, jcmeloni, Michael Grubey, gnat, Joe Strazzere
1
It likely depends on your locale, as well as any employee agreement you signed with your previous company. Beyond legal ramifications, you'll likely also need to worry about how people will react to you poaching all of their people.
– Telastyn
May 21 '14 at 20:58
1
Since legal questions are off topic, you may want to emphasis other drawbacks like burning bridges.
– user8365
May 21 '14 at 21:11
add a comment |Â
1
It likely depends on your locale, as well as any employee agreement you signed with your previous company. Beyond legal ramifications, you'll likely also need to worry about how people will react to you poaching all of their people.
– Telastyn
May 21 '14 at 20:58
1
Since legal questions are off topic, you may want to emphasis other drawbacks like burning bridges.
– user8365
May 21 '14 at 21:11
1
1
It likely depends on your locale, as well as any employee agreement you signed with your previous company. Beyond legal ramifications, you'll likely also need to worry about how people will react to you poaching all of their people.
– Telastyn
May 21 '14 at 20:58
It likely depends on your locale, as well as any employee agreement you signed with your previous company. Beyond legal ramifications, you'll likely also need to worry about how people will react to you poaching all of their people.
– Telastyn
May 21 '14 at 20:58
1
1
Since legal questions are off topic, you may want to emphasis other drawbacks like burning bridges.
– user8365
May 21 '14 at 21:11
Since legal questions are off topic, you may want to emphasis other drawbacks like burning bridges.
– user8365
May 21 '14 at 21:11
add a comment |Â
1 Answer
1
active
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up vote
3
down vote
It sounds like you are referring to "poaching", not "scalping". Assuming (based on your profile) that you are in the United States, that's not a legal matter, it is a contractual matter.
Part of one's employment agreement may include an "anti-poaching" or "anti-solicitation" clause that prevents an employee from actively soliciting former colleagues for some time after leaving. This is designed to prevent, say, a manager from leaving and taking a number of people from her department with her. If you do have such a clause with your current employer, then you would probably want to avoid referring people when you move on to your new employer.
answered May 21 '14 at 20:58
Justin Cave
34.8k9112136
1
It's not at all uncommon for a departing employee to be handed resumes by colleagues who are also dissatisfied. Enforcing an anti-poaching clause requires one of the recruited colleagues to squeal.
– kevin cline
May 22 '14 at 4:13
and given the high profile court case in California not many employers would want to stand up in court to defend any such agreement
– Pepone
Jun 3 '14 at 20:26
1
@Pepone would you mind sharing a link to said court case? I have not heard of anything and do not know what to search for.
– TheOneWhoPrograms
Jun 4 '14 at 9:53
1
Google for "google apple anti poaching". That's two of the biggest names involved.
– gnasher729
Jun 4 '14 at 12:52
1
@TheOneWhoPrograms you must have not been following the news. pando.com/2014/03/22/…
– Pepone
Jun 4 '14 at 13:04
add a comment |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
3
down vote
It sounds like you are referring to "poaching", not "scalping". Assuming (based on your profile) that you are in the United States, that's not a legal matter, it is a contractual matter.
Part of one's employment agreement may include an "anti-poaching" or "anti-solicitation" clause that prevents an employee from actively soliciting former colleagues for some time after leaving. This is designed to prevent, say, a manager from leaving and taking a number of people from her department with her. If you do have such a clause with your current employer, then you would probably want to avoid referring people when you move on to your new employer.
answered May 21 '14 at 20:58
Justin Cave
34.8k9112136
1
It's not at all uncommon for a departing employee to be handed resumes by colleagues who are also dissatisfied. Enforcing an anti-poaching clause requires one of the recruited colleagues to squeal.
– kevin cline
May 22 '14 at 4:13
and given the high profile court case in California not many employers would want to stand up in court to defend any such agreement
– Pepone
Jun 3 '14 at 20:26
1
@Pepone would you mind sharing a link to said court case? I have not heard of anything and do not know what to search for.
– TheOneWhoPrograms
Jun 4 '14 at 9:53
1
Google for "google apple anti poaching". That's two of the biggest names involved.
– gnasher729
Jun 4 '14 at 12:52
1
@TheOneWhoPrograms you must have not been following the news. pando.com/2014/03/22/…
– Pepone
Jun 4 '14 at 13:04
add a comment |Â
up vote
3
down vote
It sounds like you are referring to "poaching", not "scalping". Assuming (based on your profile) that you are in the United States, that's not a legal matter, it is a contractual matter.
Part of one's employment agreement may include an "anti-poaching" or "anti-solicitation" clause that prevents an employee from actively soliciting former colleagues for some time after leaving. This is designed to prevent, say, a manager from leaving and taking a number of people from her department with her. If you do have such a clause with your current employer, then you would probably want to avoid referring people when you move on to your new employer.
answered May 21 '14 at 20:58
Justin Cave
34.8k9112136
1
It's not at all uncommon for a departing employee to be handed resumes by colleagues who are also dissatisfied. Enforcing an anti-poaching clause requires one of the recruited colleagues to squeal.
– kevin cline
May 22 '14 at 4:13
and given the high profile court case in California not many employers would want to stand up in court to defend any such agreement
– Pepone
Jun 3 '14 at 20:26
1
@Pepone would you mind sharing a link to said court case? I have not heard of anything and do not know what to search for.
– TheOneWhoPrograms
Jun 4 '14 at 9:53
1
Google for "google apple anti poaching". That's two of the biggest names involved.
– gnasher729
Jun 4 '14 at 12:52
1
@TheOneWhoPrograms you must have not been following the news. pando.com/2014/03/22/…
– Pepone
Jun 4 '14 at 13:04
add a comment |Â
up vote
3
down vote
up vote
3
down vote
It sounds like you are referring to "poaching", not "scalping". Assuming (based on your profile) that you are in the United States, that's not a legal matter, it is a contractual matter.
Part of one's employment agreement may include an "anti-poaching" or "anti-solicitation" clause that prevents an employee from actively soliciting former colleagues for some time after leaving. This is designed to prevent, say, a manager from leaving and taking a number of people from her department with her. If you do have such a clause with your current employer, then you would probably want to avoid referring people when you move on to your new employer.
answered May 21 '14 at 20:58
Justin Cave
34.8k9112136
It sounds like you are referring to "poaching", not "scalping". Assuming (based on your profile) that you are in the United States, that's not a legal matter, it is a contractual matter.
Part of one's employment agreement may include an "anti-poaching" or "anti-solicitation" clause that prevents an employee from actively soliciting former colleagues for some time after leaving. This is designed to prevent, say, a manager from leaving and taking a number of people from her department with her. If you do have such a clause with your current employer, then you would probably want to avoid referring people when you move on to your new employer.
answered May 21 '14 at 20:58
Justin Cave
34.8k9112136
answered May 21 '14 at 20:58
Justin Cave
34.8k9112136
answered May 21 '14 at 20:58
Justin Cave
34.8k9112136
answered May 21 '14 at 20:58
Justin Cave
34.8k9112136
34.8k9112136
1
It's not at all uncommon for a departing employee to be handed resumes by colleagues who are also dissatisfied. Enforcing an anti-poaching clause requires one of the recruited colleagues to squeal.
– kevin cline
May 22 '14 at 4:13
and given the high profile court case in California not many employers would want to stand up in court to defend any such agreement
– Pepone
Jun 3 '14 at 20:26
1
@Pepone would you mind sharing a link to said court case? I have not heard of anything and do not know what to search for.
– TheOneWhoPrograms
Jun 4 '14 at 9:53
1
Google for "google apple anti poaching". That's two of the biggest names involved.
– gnasher729
Jun 4 '14 at 12:52
1
@TheOneWhoPrograms you must have not been following the news. pando.com/2014/03/22/…
– Pepone
Jun 4 '14 at 13:04
add a comment |Â
1
It's not at all uncommon for a departing employee to be handed resumes by colleagues who are also dissatisfied. Enforcing an anti-poaching clause requires one of the recruited colleagues to squeal.
– kevin cline
May 22 '14 at 4:13
and given the high profile court case in California not many employers would want to stand up in court to defend any such agreement
– Pepone
Jun 3 '14 at 20:26
1
@Pepone would you mind sharing a link to said court case? I have not heard of anything and do not know what to search for.
– TheOneWhoPrograms
Jun 4 '14 at 9:53
1
Google for "google apple anti poaching". That's two of the biggest names involved.
– gnasher729
Jun 4 '14 at 12:52
1
@TheOneWhoPrograms you must have not been following the news. pando.com/2014/03/22/…
– Pepone
Jun 4 '14 at 13:04
1
1
It's not at all uncommon for a departing employee to be handed resumes by colleagues who are also dissatisfied. Enforcing an anti-poaching clause requires one of the recruited colleagues to squeal.
– kevin cline
May 22 '14 at 4:13
It's not at all uncommon for a departing employee to be handed resumes by colleagues who are also dissatisfied. Enforcing an anti-poaching clause requires one of the recruited colleagues to squeal.
– kevin cline
May 22 '14 at 4:13
and given the high profile court case in California not many employers would want to stand up in court to defend any such agreement
– Pepone
Jun 3 '14 at 20:26
and given the high profile court case in California not many employers would want to stand up in court to defend any such agreement
– Pepone
Jun 3 '14 at 20:26
1
1
@Pepone would you mind sharing a link to said court case? I have not heard of anything and do not know what to search for.
– TheOneWhoPrograms
Jun 4 '14 at 9:53
@Pepone would you mind sharing a link to said court case? I have not heard of anything and do not know what to search for.
– TheOneWhoPrograms
Jun 4 '14 at 9:53
1
1
Google for "google apple anti poaching". That's two of the biggest names involved.
– gnasher729
Jun 4 '14 at 12:52
Google for "google apple anti poaching". That's two of the biggest names involved.
– gnasher729
Jun 4 '14 at 12:52
1
1
@TheOneWhoPrograms you must have not been following the news. pando.com/2014/03/22/…
– Pepone
Jun 4 '14 at 13:04
@TheOneWhoPrograms you must have not been following the news. pando.com/2014/03/22/…
– Pepone
Jun 4 '14 at 13:04
add a comment |Â
1
It likely depends on your locale, as well as any employee agreement you signed with your previous company. Beyond legal ramifications, you'll likely also need to worry about how people will react to you poaching all of their people.
– Telastyn
May 21 '14 at 20:58
1
Since legal questions are off topic, you may want to emphasis other drawbacks like burning bridges.
– user8365
May 21 '14 at 21:11