I've been working on starting my own ad agency. I love some people on my current team and would totally consider asking them to join, but I'm worried about what kind of backlash that could cause. Is this considered poaching?

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Is poaching considered poaching? lol, what.

funny

I am obviously not a lawyer but if they are “at-will” employees, they can leave and join another agency whenever they want. However, it’s a problem if you signed a non solicitation agreements.

Edit: poaching by itself is not illegal

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If you all leave at the same time you didnt poach them.

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Historically you steal a client too.

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Or you get laid off and the clients just follow you

Possibly. I started my own agency years ago in Pa. I closed it and moved to Ct. You can make money but lots of responsibility

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Your contract likely includes a clause about non-solicitation of clients and employees. You'd have to talk to a lawyer about it, from what I understand the defensibility of these agreements is a grey area.

The bigger issue is that this is a small industry. There's a 'right way' to do these things. If this would totally destabilize your current agency there's a reputational risk not only for yourself but for anyone who decided to jump.

Not saying don't do it, but go in eyes wide open regarding the costs.

The fact that you’re asking this leads me to believe you’re not at the level or pay grade that requires a specific, “no poaching employees clause” beyond the general BS blanket clause everyone has in their contracts. These general blanket clauses are never enforced unless you steal an actual client.

You and your friends can simply quit and walk whenever you want, but I personally wouldn’t do so unless you either have a financial backer, a client already signed to be on retainer, or both. Good luck.

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