Legal Question in Employment Law in Georgia

This question is about contract law. Specifically a non compete with an anti poaching clause.

Last year sometime, our entire company was told to sign a non compete that had a subsection about anti poaching. Both the non compete and specifically the anti poaching section said that it applied for two years. Cool that's all good and make sense.

Fast forward to this year. Half the company (Company 1 from here on) has been laid off and a decent amount has been furloughed. A few of us were laid off around marchish of this year. I had another co worker that was laid off in June/July. She ended up going back to her previous company (Company 2) before working at Company 1. This is all good and well because it doesn't violate the non compete. It's in a different industry and a different state, cool non compete covered.

She now tells me there might be a job opening that I can fill at the company. Again, the non compete doesn't apply because it's not the same industry, a different state, and so on. The question I have is what about the anti poaching part? The contract was worded to play out over two years. But they laid me off months before they laid her off and I feel like right now during a pandemic is kind of a special circumstance. I just want a job...

Note that when posting the question I am putting the state (Georgia) that Company 1 is in, but Company 2 is in Florida.

Asked on 12/14/20, 9:59 am

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

It's difficult to advise you on a contract that I can't read. However, I don't see that the anti-poaching provision would block your application or hiring by Company 2. You're not poaching anyone. Nor is she really. You learned about the opening from her, but that alone doesn't mean that she is poaching you. And since you would be the poachee rather than the poacher, there is no violation that they can charge you with.

If you want to send me the contract language, I can give you a more definitive answer. Email:

[email protected].

If you have questions. Call me (404)406-5680.

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Answered on 12/14/20, 12:43 pm

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