{ "media_type": "text", "post_content": "How do anti-poaching clauses work when you leave a company? \n\nLike if another person reaches out to me for a referral, is it a violation for me to do it?", "post_id": "61a6589494a875002af379c8", "reply_count": 6, "vote_count": 1, "bowl_id": "552d1d24dc1c586b09d2d051", "bowl_name": "Consulting" }

How do anti-poaching clauses work when you leave a company? Like if another person reaches out to me for a referral, is it a violation for me to do it?

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Depends what your employment agreement says. Even if you are, it likely won't be enforced and may not be enforceable depending on jurisdiction (many times non-compete/anti-poaching clauses are determined to be overreacting).

helpful

If there is a clause that says “we will not poach from each other” then you simply can’t go over to the new company within x amount of time, because it’s contractually obligated. However, it’s kind of rare so your contract probably doesn’t have this in it (I’m making this assumption because I think you’re the same person from the other post about this…sorry if that’s incorrect)

helpful

Poaching clauses are almost never enforced for non-rainmaker staff (M or below). They probably won’t hold up in court, and aren’t worth the bad press and legal costs for a firm considering how easily replaceable most staff are. They absolutely enforce this on partners who can steal millions of dollars of business though.

helpful

No, I’m specifically talking about anti-poaching. Companies have both provisions usually, but anti-poaching is a lot harder to enforce than non-compete.

Nah

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