Is that bright, shiny new recruit coming to you with potentially damaging strings attached?

Such might be the case if the person is subject to a non-compete or confidentiality agreement he or she made with the previous employer.

First line of defense
It’s up to you and your hiring managers to create the organization’s first line of defense against potential fallout from breaches of such agreements.

To do this, you should:

  • Routinely ask job applicants whether they fall under any restrictive covenant with their former employer.
  • Get and read copies of any applicable covenants or agreements.
  • Make any written offer of employment contingent on the applicant’s ability to perform his or her duties with your organization. A non-compete or confidentiality agreement may interfere.
  • Write the offer so as to make clear the person’s work for you won’t conflict with any previous agreement, or exploit the ex-employer’s confidential information or customer relationships.


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