Legal advice.

[Jefe]

Anybody know the law here in Texas at all?

I recently left a job where I had to sign something on my way out saying I wouldn't recruit any of their people for a year.

Well, at my new place I have an opening already, and while I haven't recruited at all, one of my old direct reports applied for the job. So, can I hire him since I didn't recruit him? Or do I risk running afoul of the law?

I know it's a "right to work" state and I've had people assure me that I'd win in court, but I have no interest in hiring a lawyer to defend myself. Not sure if the old compnay would sue or not, it's a pretty junior person. That said, I really like this guy and since he wants a new gig anyway, i'd love to hire him.

What do you think?

[virgonomic]

Hire him. Could they prove you recruited him...even if you actually had?

[Gregg]

How mad at you are they?

[Jefe]

Right now, they are not mad at me really. We left on good terms. They do have a fear that my leaving will cause my team to start to look elsewhere... the company has a retention problem as a whole but I had a very loyal group in my department.

[stefan s]

Employment laws definitely vary from state to state. Since Texas is a right to work state, just googling a bit shows that you have a good stance to hire your former report. If you left on good terms, you should have just declined to sign their agreement. It will be tricky for them to prove that you recruited him. He applied on his own free will it seems. Now I am no expert, my only interaction with the law is with high school buddy of mine who is an Indianapolis personal injury attorney. I try to keep my nose clean and lay low. Let us know if he got the job!

[heyelander]

as far as spam goes, that one's not horrible.

[revo]

as far as spam goes, that one's not horrible.

LOL -- my thinking exactly. At least it wasn't in pidgin English and kinda answered the question!