Sorry, missed this one.
Three things:
1) Robust contracts
2) Robust contracts
3) Robust contracts
You need something water tight (i.e. checked by good lawyers) that state that people can't work with your clients on leaving the company for a certain amount of time.
I've seen some contracts that actually state you can't undertake similar work for a competitor for a year or two upon leaving the company, i.e. you can't work as a recruitment agent. I can't see how this is legal as it would presumably be a restraint of trade, violation of some human right to earn a living etc. etc.
I've never taken anyone to court, I'm pleased to say that most of my leavers leave on good terms, some set up their own business and to a degree I'm even happy to offer them a little advice along the way.
But I expect that if you were you would have to prove how your business has been affected. For example, if you have a contract that says you will work exclusively with a client to deal with all their hiring until September, and an employee sets up their own company and signs them to a contract from September I can't see how you could sue them, even if you have something in their contract that says they can't work with your clients.
Just a guess though, I am not a lawyer.
|