is poaching employees unethical

But yeah know Taylor may not even apply. I recommend changing how you think about recruiting. A non-solicit is not the same as a non-poaching between distinct employers. There is no trespassing in hiring a free agent. Leslie has no control over Taylor’s salary so she can’t offer Taylor any incentives to stay. If Leslie gets annoyed Taylor is leaving, Leslie has the chance to hire Taylor herself. If this is the case… then you might want to consider what the reputation to you is…. Thanks for all of the feedback – I’m trying to go through everything!

However, it would have gone a LONG way with me if my acquaintance had politely given me a heads up that she was going to hire my employee. Does she feel betrayed when people quit?

He felt that I BETRAYED him. In my own experience (posted below), my ex boss called me unethical for hiring one of his employees. But if Taylor was doing essentially the same role for OP as part of the management company as what she would be doing at the newly formed company, then it gets tricky. Does Taylor work directly for Leslie’s company or is she an employee of the management company and is just currently assigned to Leslie’s team? WTF. The support staff might not consider the professionals their clients but it’s a reach to think they don’t know who their employer is. Especially since it’s hard to get competitive health insurance with a company of under, say, 5 people (such as the one I work at)? It’s nice to know that sometimes people do the right thing and it all works out. It also feels gross to even consider the “relationship” angle between the LW and Leslie. Knowing she was going to leave anyway can make it feel less like “you hired away my employee” and more like “my employee was looking to leave, and at least they moved on to someone we both know and like.”. So why the headline? I mentioned something about a side hustle on Saturdays and she lost her mind saying that I might as well quit that day since I found something better. I don’t have any control over the support staff’s salaries, benefits, etc. He’s so valuable to his current company (a contractor employed by X on site at another company Y) that he’s been passed over for jobs he’s applied to at Y. But here the initiative in the situation is largely with Taylor, who, given her employment in Leslie’s organization is ongoing, can make the choice to leave it. I used to work somewhere that had 4 employees in 2 years leave to work for a particular vendor.

If it is the latter, that makes it easier it Taylor decides to come work for you – she isn’t leaving Leslie, she’s leaving the management company. But it becomes immoral in the pattern, the continuation, and the build-up of unethical actions. It was a pretty empty threat because it’d cost the company way more to cancel their contract with the vendor. Presumably she was leaving anyway, or the management company could have transferred her to a different client at any time. Consider that it looks more palatable if Taylor is being offered a new opportunity–e.g., she was an admin and now she is being promoted to office manager. I’m curious whether the headline came from the OP or Alison? Though she primarily supports Leslie, Taylor is in exactly the same relationship with her that she is with you, right? At most, what happens is that one agency will send a cease-and-desist letter to another, and the agency on the receiving end might stop recruiting employees away from the sending agency for a few months. It’s more that Leslie has been my mentor – I’ve benefited from her advice and her connections, and I respond to this by making her working life substantially more difficult in the short term and possibly the long term. It’s not unreasonable to assume that has not told Leslie about looking for a new job. except Leslie isn’t her boss; Leslie is the same kind of client that the OP is. how to fire a difficult, long-time employee, I can’t seem to stop being late to meetings, employee gets hangry when she doesn’t eat, my boss and sister-in-law are problems, and more, weekend open thread – September 26-27, 2020, coworker is obsessed with my video set-up, how important are cover letters in IT, and more, you’re exhausted and burned out because work is terrible, updates: family noise when working from home, the boring job, and more, manager buys me gifts, my rude email got forwarded, and more.

“Just don’t worry about the professional repercussions for you” isn’t always practical advice. first appeared on The Q Note. The decision should be based on what is good for OP’s business moving forward.

My point was that I think it’s not super ethical to *avoid* hiring someone’s employee. Really dig deep into what makes Taylor helpful to you and hire someone who has those credentials/talents.

Exactly.

God forbid, you actually enjoy selling popsicles at the farmer’s market and making a few extra bucks is an added bonus. OP is, I hope, not building her new company on the presumed availability of Taylor, who might go to some third place, entirely, or take an inducement to stay; if so, OP should start with some other first hire(s), and let time clear the air / loosen the connection. Yeah, that was a bit of my question.

am I being too self-deprecating at my new job? Taylor is *not* Leslie’s employee. Taylor isn’t an employee of Leslie to begin with! If an employer can’t offer good enough compensation and benefits, employees will look for better, but if working conditions are good, no amount of recruiting will drag them away. Or, if you do hire Taylor, you could talk about the best way to talk to Leslie about it. This is similar to a situation at my workplace, where everything seems to be working out well. But it’s also true that your own relationships with people matter, and it can be harmful to you to upset a contact whose good will is important to you — even if it would be utterly unreasonable for them to be upset. However, the good news for the employees planning to jump board is that only 11 percent of respondents said they would not hire a poached employee while 33 percent said they would allow the person to return and the remaining 56 percent said it would depend on the employee. It might not be unethical, but it might violate an agreement that Jane made with her former employer. That so many people think OP should first discuss with Leslie before they hire someone who *isn’t even Leslie’s employee* is mind-boggling. Jane hires Bob and they are working together again. My employee was poached by a professional acquaintance and I admit that the negative feelings have lingered. If I could do it over, there’s a lot I would do differently, despite it working out ok in the end (she’s now fine with it, we still work together, all is good). My consolation is that they left that org as well and moved on to an even better paying job. But getting to Mike C.’s point about Taylor’s point of view, I think the LW needs to assess whether the LW’s potential offer would be something different or exciting for Taylor or more of the same. So I was actually just poached by another department in my organization, and it was an excruciating situation for the 5 weeks between me being poached and telling my managers and starting my new position (exacerbated by a very quick turn-around and getting caught up in some department politics). Now, if Taylor has been doing zero work for OP and she only knows about Taylor because of Leslie, then it might be fine. What people often do in this situation is create plausible deniability. Taylor might well want to be part of setting up something new, and it could be a good opportunity for her, but if she’s wanting to move because the work is too repetitive, then it’s going to quickly become that with you too, and you might want to work out whether bringing a known experienced person on for a short term set up role is a good idea, or whether recruiting someone who will be happy in the role for some years better suits your needs. It could be non-solicit, which are perfectly legal.

there’s a note above–those sorts of non-compete clauses are not legal. my employee's son is scamming her out of money, and I'm worried, the new overtime pay law is here (for real this time). It sucks to lose a good employee, and it’s understandable to have emotions around that.

All rights reserved. None of the people Leslie named have applied for the position, and I hadn’t planned on seeking them out. But his reaction was so over the top insane that I really wished I had not. Is she highly dependent on Taylor staying right now because there’s some temporary reason why she couldn’t hire and train a replacement immediately?

In the case of the OP, she works for a company, and is looking to solicit another employee from that company to join her new venture. For both of them, but it’s mostly for OP’s benefit. As for poaching… if Leslie is well known and respected in the field, if Leslie is the type to generally want to retain staff and not replace them, if if if… in a small industry like the ones I’ve mentioned it’s worth considering not only the impact of you setting up a competing business, but also the optics of taking her staff if she isn’t keen to let them go. But Taylor may well want to do something different and/or work with different clients. You’re talking some nonsense about stigmatizing people for their supposed disloyalty but the company hasn’t demonstrated sufficient reason for a employee to continue working for them except out of (misplaced) loyalty. I’m not sure that this FTC guidance applies. Well, one situation that would IMHO be clearly unethical is if I’m motivated of concern for managing Leslie’s bigotry (eg. Taylor is free to share your contact information or job openings with these other people, and they can contact you directly.

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