Recruiting from a competitor is lawful and routine, and a small number of steps prevents it becoming a trade secret or restrictive covenant case.
Ask about restrictions before the offer. Request copies of any confidentiality, non-compete, non-solicit or assignment agreements, and have them reviewed. Candidates frequently do not know what they signed.
Do not ask for confidential information. Interviewers should be instructed not to seek details of the competitor’s customers, pricing, strategy or technology, and to stop the conversation if offered.
Written instruction at offer. A letter stating that the company does not want and will not accept confidential information of any former employer, that the employee must not bring or retain any documents or data, and that the employee must comply with any lawful continuing obligations. Signed and retained.
Devices. Confirm at onboarding that no former employer data resides on personal devices or cloud accounts the employee will use.
Role design. Where a covenant may be enforceable, consider a role or territory that does not conflict for its duration, and document the decision.
Solicitation of colleagues. Instruct the new hire not to recruit former colleagues during any restricted period.
If a letter arrives from the former employer, respond promptly and factually rather than ignoring it, and preserve everything.