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Hiring the Right People While Respecting the Rights of Other Employers, InsideCounsel

November 24, 2015
Michelle W. Johnson

In an article published Nov. 24, 2015 by InsideCounsel, Atlanta partner Michelle Johnson addresses the somewhat tricky situation created by post-employment restrictive covenants. Ms. Johnson writes, “Forward-thinking employers understand this reality and take steps to protect their businesses, including by requiring employees to sign confidentiality and nonsolicitation agreements. The hiring company is then faced with the challenge of how to utilize the new employee’s skills and industry knowledge without running afoul of these limitations.” But, with careful attention and planning, the new employer can still accomplish its business goals while honoring any obligations to the employee’s previous company. “Post-employment nondisclosure and nonsolicitation agreements are here to stay, but they need not prevent a company from hiring workers with relevant industry experience,” she shares. “With the proper precautions including pre-hire analysis of the relevant restrictions, written instructions regarding the new company’s expectations and careful documentation of the employee’s compliance efforts, the new employer may properly benefit from the employee’s skills and business knowledge without violating the former employer’s legal and contractual rights.” The complete article is available online here.