I’ve heard through the grapevine that the agency I work at has warned another agency off poaching any more of our staff. That sounds pretty off to me…is this even legal?

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If an exec with a non compete or payoff is taking people, there may be a legal basis.

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This. This definitely happens.

I mean.. this is extremely vague and unsubstantiated all-around. Absent of any hard details- yes, just as much as is “poaching” staff in the first place in an at-will employment market.

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Happens all the time. Believe dentsu got a letter from FCB when a flood of talent came in. Then dentsu gave a letter to Ogilvy when a flood of talent moved on to there.

likehelpful

Competition is good for us employees. If agencies collude to not poach talent from each other, we suffer.

Steve Jobs and other big tech execs did this on a large scale and were sued and settled a massive class action lawsuit (he was dead by then).

likesmarthelpful

hey

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hiring an agency’s best people if they’re not doing they’re best work, not getting paid for it or both, is fair game.
targeting one agency to the point of destruction is not 😡

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Happens all the time

Can I slide in any of those spots?

It’s a thing. Most public / iconic one is with Steve Jobs and Adobe. Lovely bit of writing in his cease and desist.

It almost happened to me. By the time the poaching agency reached out to me, I left my former agency and relocated. My new agency paid for the move, so I was locked in. No regrets though.

Some companies do this. But it is rarely enforceable. Plus most states are at-will. Thin-skinned bravado

I think this is pretty standard, TBH.

I was involved in something like this when I was a wee babe. My agency was started by former WPP execs. They'd all worked at that WPP shop for decades, so they poached the talent they knew after their individual non-solocit clauses ended.

WPP issued a cease and desist. The CFO at the new company said WPP's case was weak, but their law firm could keep us tied up in court for months and we'd have to close shop because we wouldn't be able to afford the legal bills for lengthy litigation.

Absent an enforceable noncompete, that would colorably be illegal collusion under antitrust law.

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