Non Solicitation Agreement Concerns

Summary

Your former manager likely did not violate the non-solicitation agreement as you initiated contact and applied independently. However, interpretations can vary based on your employers perspective and state laws. Its advisable to review the specific terms of your agreement and consider consulting with a legal professional for personalized advice.

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My former manager recently left my healthcare consulting firm and came into a leadership role at one of my clients. I talked to them about their move and they mentioned they would be hiring but she couldn't recruit me due to her noncompete clause through next September. I noted this to a different colleague at my work over our Microsoft Teams chat. Here is the non solicitation agreement in our contract: General Non-Solicitation of Employees. During my employment with Nordic and for a period of twelve (*) months following the end of my employment with Nordic, I agree not to directly or indirectly encourage any Company employee with whom I had regular contact or communication during the twelve (*) months period prior to my separation of employment with Nordic, for the purpose of having that employee contract with, associate with, consult for, or become employed by any third party, within the Territory, in a capacity which is the same or similar to the capacity in which such individual provided services to Company, or is reasonably likely to involve the use or disclosure of Confidential Information. This paragraph shall not prevent me from being a personal reference (and not a representative of Nordic) for any current or former employee of Company. She recently posted the role on LinkedIn and I applied through the client website. I then went through the interview process and got an offer. Is it going to come back that she is in violation of the non-solicit, causing her to get sued? My (M) conversation w/ my current manager (C) about my conversation with my former manager is as follows M: I talked to LS and got the scoop; she is going to the client and standing up a PI department on their side. C: so is she hiring? M: yes C: so she recruited you ?! M: lol no she can’t; I actually messaged her first about it but not about her hiring me lol C: well she would in an instant M: she’s in a noncompete til next September; oh yeah she told me C: so watch their job website M: oh yeah I’m on it I hope no one reads these messages Well my question is if I now apply to the position, does he sound like she recruited me either indirectly or directly?
It sounds like your former manager did not directly or indirectly recruit you, based on your description. You initiated the conversation and applied independently through the client website. However, the perception of a violation may depend on how the communication and actions are interpreted by your current employer or legal counsel.
Do you have any concerns about discussing this situation with your current employer or legal team?
Yes I would rather not bring it up. It is in a personal teams chat so not sure if they will even see it
Your former manager doesn't appear to have directly or indirectly recruited you based on your description. However, the interpretation might vary.
To better understand your situation, can you tell me which state you're in? This can help determine the specific laws governing non-solicitation agreements.