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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 34 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 34 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.

  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

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 34 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

  • Attorney in the Denver office of Littler Mendelson P.C.
  • Practice emphasizes all aspects of traditional labor law, including union avoidance, conducting successful representation campaigns, negotiating collective bargaining agreements, responding to grievances and unfair labor practice charges, and navigating potential or actual strike activity
  • Chapter editor for The Developing Labor Law
  • J.D. degree, University of Southern California, Gould School of Law; B.A. degree, University of Colorado, Boulder
  • Can be contacted at [email protected] or 303-362-2893
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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Why Lorman?

Over 34 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.

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Product ID: 405306
Published 2019
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