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They are commonly enforced. In my 20 years, I have seen companies issue cease and desists as well as send lawyers after people…some leading to litigation. Better to not be involved at all/have zero evidence of involvement.
I have seen that a few times, but the most common is sending the cease and desist to the person who solicited threatening to sue if they solicit again (basically giving them the first solicit for free)
There's a lot of it in our industry, and while everyone gets pissy about it, companies only get so far as maybe sending a Cease and Desist to the poaching company. In At Will states, which employers so love to remind employees they live/work in, employees have the right to come and go as they please and work for any company they choose; so prove they were poached, not proactive?
Rising Star
It’s a grey area. Technically yes but the courts generally hate non-competes.
What did employee A sign ? when did employee A leave ?
It violates the noncompete, but as someone else mentioned, non-competes are not ironclad. The reason being, no company has the right to stop you from earning the wage or opportunity that someone else is offering. The new company will be offering a different experience and a different salary I assume, which makes it hard for an employer to argue that you MUST stay with them - and that you cannot accept something that better meets your needs/wants. We employ people and are kept as employees at-will in most states. Long story short: they can choose to hassle you about it and it will be a pain for you if they do. But they cannot make you stay or get your offer rescinded.