Dallas Employment Lawyer - Keith Clouse

Executive Employment Lawyer
Attorney Keith Clouse is a nationally recognized employment law attorney. This website and all materials on it have been prepared by Clouse Dunn LLP for informational purposes only. These materials do not, and are not intended to, constitute legal advice.

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Questions to Ask When Hiring a Recruit from a Competitor

When an employer hires an employee from a competitor, it must perform a risk assessment regarding the likelihood of litigation.

December 07, 2014


(press release: cdklawyers) // Dallas, Texas, United States // Keith Clouse
Dallas non-compete lawyer Keith Clouse believes that when an employer hires an employee from a competitor, it must perform a risk assessment regarding the likelihood of litigation. When performing this assessment, the hiring entity should consider the answers to the following questions:

• Why is the employee leaving? What are the circumstances surrounding his departure?
• How similar are the new and old job positions and the new and old job duties?
• How competitive are the two businesses? Will the employee be directly competing against the former employer in his new role?
• How likely is it that customers will follow the employee?
• How likely is it that the employee’s former coworkers will follow the employee?
• Did the employee have access to valuable trade secrets or proprietary information? Would the employee be expected to use or rely upon similar information in his new role?
• Would other circumstances propel the employer towards litigation? For example, does the employer need to send a message to another employee who is contemplating a move?
• Is the employee bound by a non-compete agreement? If so, has legal counsel reviewed the non-compete agreement and opined on its enforceability and applicability?
• Historically, how aggressively does the former employer pursue enforcement of its non-compete agreements?

This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about a non-compete issue, send an email to debra@clousedunn.com or call (214) 239-2705.