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Can I hire a vendor's former employee?

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Crispix

Member
What is the name of your state? CA

I am a California LLC. I have a contract with one of our vendors that states that we will not solicit their employees. It also states that if an employee solicits us and we hire him, we will pay a very large fee.

One of the vendor's engineers quit three weeks ago (got married, took a vacation) and is now looking for work and came to us. I'd like to hire him, but am concerned about the contract with our vendor.

Since he is no longer an employee of the vendor, is it safe to hire him without triggering the payment clause in our contract?

Thanks for the advice.
 


cbg

I'm a Northern Girl
You will need to take the contract to a local attorney for review.
 

BelizeBreeze

Senior Member
And when you consult the attorney ask him / her their fee and weigh that against what you'll pay as a penalty to the vendor.

Because you are not giving complete information here. The VENDOR is a firm that hires consultants and places them in firms such as yours. As part of the agreement you signed, you promise not to interfer with the Vendor's business by enticing away employees and thereby depriving the Vendor their legally entitled fee for their expenses.

So, which would you rather pay? The attorney to tell you the same thing or the vendor to hire this guy who is going to leave you as soon as he/she finds a better paying job?
 

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