Houston Employee Poaching Attorneys

Employee poaching occurs when one competitor hires multiple employees from a competitor’s company. Assuming the company acquired these new workers intentionally, the term is called “poaching,” or “employee raiding.” Although poaching employees isn’t illegal as a direct offense, there are several ways in which the practice is considered unlawful. As a result, individuals or companies found guilty of employee raiding may face legal consequences.

Employee poaching isn’t illegal in the state of Texas, but it often violates employment contracts, such as non-compete and non-solicitation agreements. A non-compete agreement can include provisions that include scope of activity, location, and rival company employment, among other things. If employees break that agreement by moving to a new place of employment, they could face legal ramifications such as injunctions, lawsuits, and monetary damages.

Non-solicitation agreements, on the other hand, can prevent employees from working for competitors or bringing clients or other employees with them if they leave their current employer. Essentially, this type of employment contract prevents employees from using their current job position to help them in future business prospects. Employee poaching, by nature, can directly violate a non-solicit provision.

Additionally, employee poaching could be considered unlawful if it is related to the misappropriation of confidential information, theft of trade secrets, unfair competition, or breach of duty of loyalty. In any of these cases, the wronged employer may attempt to sue the employee or the competing business for wrongdoing.

While employee raiding isn’t illegal in and of itself, the offense is often associated with other illegal business practices, such as violation of non-compete agreements or the theft of trade secrets.

Employers may ask the courts for an injunction to stop the improper competitive activity and pursue actions (such as a lawsuit) to recover financial damages if a non-compete agreement is violated or if protected trade secrets have been misappropriated and used against them.

This is where the advice and experience of a Texas business law attorney come in handy. Our attorneys can gather evidence and review existing agreements to identify available defenses, such as:

• The employer breached the employment agreement;
• The restrictions in the non-compete agreement were too broad or burdensome; or
• There was no violation of the Texas Uniform Trade Secrets Act.

If you’ve been served with an employee poaching lawsuit or received a “cease-and-desist” letter, call our law firm to discuss the facts of your case. We will work with you to defend your position and protect your interests.

First, let’s review your employment agreements:

• Did your employees sign a non-compete agreement? Non-compete agreements are enforceable if they are reasonable in scope, duration, and geography, and part of an otherwise enforceable agreement, such as an employment contract.
• Did your employees sign a non-solicitation agreement? Non-solicitation agreements generally prohibit your employees from contacting clients or customers to persuade them to do business with a new, different, or competing firm. Non-solicitation agreements may also prohibit a former employee from recruiting your employees.

Our law firm can intervene on your behalf and, if necessary, petition the courts to stop employees from the improper activity and pursue actions (such as a lawsuit) to recover money damages. Your non-compete or non-solicitation agreements themselves may also outline the consequences of violating the agreement.

Additionally, if a key employee is privy to proprietary business information, you may be protected by the Texas Uniform Trade Secrets Act (TUTSA).