This is not a question seeking "legal" advice. I don't have a single mention of courts, law, suing or lawyers in my question, besides this edit, which is in response to the question being closed down. This question is about corporate contract clauses and if companies go far to enforce those clauses. I have read and re-read the linked post about "what's a legal question" and my question falls right within the "OK" category.
Here is a situation a friend of mine, let's say Todd (who is remaining anonymous for obvious reasons) is in.
Todd was working at Company A. Todd signed a standard contract with all the "non-compete" and "no soliciting of clients, personnel, etc" clauses (never fully reading them).
Todd is now working at Company B. When a new position opened up, he invited a friend, let's say Joe (thanks user16230) from Company A (fully employed by Company A at the time) to come join Company B. That friend now accepted a position at Company B, and upon leaving Company A told his manager that it was Todd who contacted and invited him to leave for Company B (yes... someone needs a smack on the back of his head). The concern now is that Company A can go after Todd for poaching personnel.
Is there any real reason, in Canada, for concern here? We've been trying to do some online research, but all of it covers "non-solicitation" in regards to poaching clients, not personnel. We can't even find the correct terms to use for researching this.
We've read that "non-compete" clauses are void in virtually all cases. But what about "non-solicit of personnel"?
Edit: Some more clarifications following questions in comments:
- Both companies are small businesses.
- Todd is not a hiring manager in any capacity
- Todd sent job description to Joe, and Joe forwarded resume to Todd, but that was done through web email providers, not company email addresses.