Ignorance Isn’t Always Bliss: What to Do When Your Job Candidate Isn’t Sure if She Is Bound By A Non-Compete

If you’re an employer in an industry where non-compete agreements are common, perhaps you’ve been faced with the following scenario: You offer a sales position to a candidate who tells you she doesn’t think she has a non-compete with her employer, which is a competitor of yours. Once she’s onboard at your company, she begins soliciting her former employer’s clients. Within a matter of days, both you and your new hire get a cease and desist letter from your new hire’s former employer. The letter encloses a non-compete agreement that your new hire, in fact, signed with the former employer several years ago. The agreement prohibits, for one year after her termination, the very activity you hired her to perform.

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