In their constant pursuit of top talent, employers are often out to poach rival companies' top performers, who can provide them with high-profile connections, clients and former colleagues. However, as Alex Denny, labor and employment partner in Faegre Baker Daniels' London office, told the Institute of Leadership and Management, employers need to make sure they understand the legal underpinnings of the poaching process.
"Poaching happens all the time and often without anyone involved thinking of the legal ramifications," Denny said. "The problem is employers have very little protection from the law in terms of what employees can and can’t do after the termination of their employment. Their only assured protection is duty of confidentiality, which means the departing employee can’t reveal any trade secrets or vital information about the company."