Diligence that prevents inheriting someone else’s litigation.
Esshaki Legal Media TeamCurrent as of November 2025
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.