While Google has succeeded in its action against Levandowski, non-soliciting and non-hire agreements are not a panacea. Employers who do not have non-invitation agreements with Indiana employees may find that these contractual provisions are not legally applicable. In December 2019, the Indiana Supreme Court at Heraeus Medical, LLC v. Zimmer reviewed a company`s non-solicitation agreement and found that it was unenforceable because it prohibited a former employee from recruiting all employees of the company and not those in which the company had a “legitimate and protective interest.” The Heraeus decision may differ from a series of upcoming facts for a number of reasons, but what is quite clear is that employers must review these agreements with Indiana employees and, if necessary, review them. We work with many clients to do just that, and we advise you to do a definitive search so that you can get advice on your company`s options. Non-poaching clauses that may work for senior managers or consultants, or those with extensive customer contact or business ties are much less likely to work with junior employees in a large company who have minimal contact with people outside of their immediate service. Another plaintiff, Ying-Liang Wang, claims to want to move from Saks to Gucci. She claims that a Gucci Store manager told her that she would be a “perfect fit” but that she could not “technically recruit” Wang. Wang contacted Prada to find an opportunity. She claims that a Prada CEO told her that Prada had “an agreement with Saks” not to recruit luxury retailers in Saks.
PandaTip: Your non-invitation agreement should have a clearly defined term that begins when the employer and employee separate. Most non-demand agreements take 24-36 months, but you can adapt this model with your company`s preferred duration. The same issue is now being addressed in a group action filed in February in federal court in New York involving some of the world`s largest luxury retailers, including Gucci, Louis Vuitton, Saks and Prada. In this action, it is alleged that the defendants entered into non-poaching agreements between themselves that prohibit employees from moving from one company to another. To speak to a specialized contract lawyer who advises on restrictive alliances and non-poaching clauses, email us at email@example.com or call us on 44 20 7036 9282 for a first chat. One of the complainants, Angelene Hayes, worked in a Saks store in Ohio. Previously, she worked for Louis Vuitton and wanted to go back because it would give her the opportunity to earn more money. She states that a Louis Vuitton representative rejected her interest in a return and told her: “Unfortunately, we have an agreement with Saks not to be able to take her staff and wait 6 months before hiring.