What if my previous employee is trying to poach my current team

What if my previous employee is trying to poach my current team

What if my previous employee is trying to poach my team to work for their new employer? You may have recently terminated an employee and have found out they’ve been trying to convince other employees to leave your company to work with their new employer. This can be an extremely difficult situation, and one that could require taking legal action.

Employee poaching is when an employee or employer unlawfully recruits currently employed workers because of their acquired expertise in the field. Poaching can give an employer an upper hand because they won’t need to hire a new employee who needs training and skill development.

An employee could decide to poach other employees because they are being offered monetary incentive. The employer could be offering to compensate the employee if they recruit experienced workers, or there could be a referral program at their new workplace. An employee could also be poaching your employees based on your decisions at the workplace. For example, you may not be paying your employees enough money or your company has developed a poor workplace culture.

To restrict previous employees from poaching, often employers will include a non-solicitation clause in their Employment Agreements. A non-solicitation clause prevents employees from poaching employees, clients, suppliers etc. from their previous employer upon termination. Non-solicitation agreements must provide a clear period the agreement can endure upon termination, and geographical limitations.

What else can an employer do to limit poaching?

If you don’t want to solely rely on a non-solicitation agreement to avoid poachers, you may need to practice doing regular internal evaluations. As stated above, sometimes the poacher may not be acting maliciously but in the best interest of their former colleagues.

To avoid this issue, you should always ask for feedback. Ask your employees what areas of the workplace could benefit from improvement. You may think you are doing everything right, but your employees know exactly what has been working and what areas may need refining.

You may want to analyze the current market and determine whether you are compensating fairly. Employees may be leaving to work for a new employer because you are not matching salaries represented in the current market. If other employers are paying more, it is often easy for employees to accept a new employment offer that pays better. In the current economy it could be hard to compensate your employees more when costs are also increasing, however it may be worth maintaining your talented team because hiring and training new employees could cost more in the long run.

Evaluate your workplace culture. Has there been issues with certain employees? Do the company policies need to be updated? Do you need to adapt to new workplace norms? It is important to survey the workplace and see if there is a rotten apple affecting the entire company environment. It could be one employee who has been harassing other colleagues, or a company policy that doesn’t provide a proper action plan in response to common issues in the workplace. Further, you may not be adapting to recent trends in the professional marketplace, like offering flexible work hours or hybrid working conditions. Even if you think post-pandemic trends seem short-term, it may be worth researching how these adaptations can benefit employees and your company’s future.

If you are an employer who has recently experienced poaching, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.