Hiring A Furloughed Former Coworker Under A 2-year Non-solicitation / "no-hire" Clause? East Coast States
Location: florida / NC / DMV
I left my previous company about 1 year ago and am now a hiring manager in a similar industry (not a direct competitor). A former coworker—who is currently being furloughed/laid off by our mutual previous employer—reached out to me directly asking about open roles on my team. This person is a lower level sales person, not an executive.
When I left, I signed a separation agreement with the following clause:
Non-Solicitation of Employees. The Employee agrees that for a period of two (2) years after Effective Date they shall not directly or indirectly hire, induce or attempt to induce or otherwise counsel, advise, ask or encourage any person who at that time is a current employee of company or any of its affiliates or subsidiaries, or who left such employ within the preceding six months, to leave the employ of company or to accept employment with another employer besides [Previous Company] or as an independent contractor."
- Since she initiated contact and is being let go/furloughed anyway, does the "directly or indirectly hire" language still legally block me from bringing her onto my team (even if she applies through standard HR channels and I recuse myself from the hiring decision)?
- Does an involuntary furlough/layoff affect how courts enforce the "current employee" or "within the preceding six months" restriction?
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