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OnDemand Course

Legal Risks of Hiring Competitors Employees

Know your rights when hiring competitor's employees and avoid legal pitfalls.

With today's fluid labor market, many employers are faced with the challenges and risks associated with hiring a competitor's employee, particularly with respect to candidates who pose a high competitive threat and/or had access to confidential information. You will learn how restrictive covenants and non-disclosure agreements may impact hiring decisions, including possible challenges to their enforceability, best practices during the hiring process, the offer stage, and the commencement of employment to insulate the company from liability to the maximum extent possible. Should litigation erupt after hiring a competitor's employee, you will learn about the most prevalent claims against former employees and their new employers, the most common and most effective defenses to those claims, and the possible counterclaims that may turn the tide of litigation in an employer's favor. This topic will help employers understand the legal and practical risks associated with hiring a competitor's employee, minimize those risks, utilize knowledge gained to effectively resolve issues short of litigation, and zealously defend any litigation that may ensue despite the employer's best efforts.

92 minutes
Certificate of Completion
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Non-Competes and Trade Secrets in American Business

  • Hiring a Competitor's Employees and Risks Associated
  • Non-Compete and NonSolicitation Agreements
  • Trade Secrets, Duties of Loyalty

Trigger Points When Hiring a Competitor's Employees

  • Competitiveness of Positions
  • Contractual Limitations
  • State and Federal Law
  • Relationship With Competitor

Best Practices in Hiring a Competitor's Employees

  • The Interview Process
  • Making an Offer
  • Start of Employment
  • Avoiding Allegations of Misappropriation

Preempting and Defending Claims

  • Declaratory Judgment Actions
  • Claims Against Former Employees
  • Defenses to the Most Common Claims
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on April 25, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Stephen E. Baumann, II

Stephen E. Baumann, II

Littler Mendelson P.C.

Steve E. Baumann II

  • Shareholder in the Denver office of Littler Mendelson P.C.
  • Practice focuses on unfair competition and trade secrets, discrimination and harassment, labor-management relations, energy, and appellate practice
  • Partners with employers of all sizes, from small startups to Fortune 500 companies, to address and resolve employment and traditional labor issues throughout the employment lifecycle, from hiring through performance management, investigations, and separation of employment
  • Advises employers about the protection of trade secrets, enforcement of non-compete agreements, and other unfair competition; also helps employers remain union-free and manage their union-represented workplaces
  • Member of American Mensa, California and Colorado Bar Association, and Diversity in the Legal Profession Joint Committee, Center for Legal Inclusiveness
  • Named, Ones to Watch, The Best Lawyers in America¬©, 2021-2022; and Rising Star, Super Lawyers, 2016-2021
  • Recipient, BTI Client Service All-Star Award, 2017; American Jurisprudence Award in Legal Research, Writing and Advocacy and Evidence; and Merit Scholarship, University of Southern California Gould School of Law
  • J.D. degree, University of Southern California, Gould School of Law; B.A. degree, University of Colorado, Boulder
Danielle L. Kitson

Danielle L. Kitson

Littler Mendelson P.C.

  • Shareholder in the Denver office of Littler Mendelson P.C.
  • Practice emphasizes all aspects of complex litigation and employment law
  • Conducts regular seminars and workshops on numerous employment law topics and is the author of several publications related to the areas of non-competes, trade secret misappropriation, and other aspects of unfair competition
  • Membership information, admitted to practice in Colorado and Nebraska and is a member of their respective state bar associations; member of the American Bar Association and a board member for Denver Kids
  • Named to Chambers USA Leading Lawyers for Business, a recommended lawyer for labor and employment disputes in defense by Legal 500 United States
  • J.D. degree, cum laude, Northwestern University School of Law; B.A. degree, cum laude, Columbia University
  • Can be contacted at [email protected] or 303-362-2872
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Product ID: 405306
Published 2019
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