I've heard of anti-poaching laws (or something), and was wondering if this applies to employees or just to employers? The situation I'm in is that I've been offered a position at a very high-profile company, and have thus already received several referral-request hints from some people I currently work with.

If I did end up referring several of them, and several of them in fact got a job at my new company, am I violating any laws?

  • 1
    It likely depends on your locale, as well as any employee agreement you signed with your previous company. Beyond legal ramifications, you'll likely also need to worry about how people will react to you poaching all of their people.
    – Telastyn
    May 21 '14 at 20:58
  • 1
    Since legal questions are off topic, you may want to emphasis other drawbacks like burning bridges.
    – user8365
    May 21 '14 at 21:11

It sounds like you are referring to "poaching", not "scalping". Assuming (based on your profile) that you are in the United States, that's not a legal matter, it is a contractual matter.

Part of one's employment agreement may include an "anti-poaching" or "anti-solicitation" clause that prevents an employee from actively soliciting former colleagues for some time after leaving. This is designed to prevent, say, a manager from leaving and taking a number of people from her department with her. If you do have such a clause with your current employer, then you would probably want to avoid referring people when you move on to your new employer.

  • 1
    It's not at all uncommon for a departing employee to be handed resumes by colleagues who are also dissatisfied. Enforcing an anti-poaching clause requires one of the recruited colleagues to squeal. May 22 '14 at 4:13
  • and given the high profile court case in California not many employers would want to stand up in court to defend any such agreement
    – Pepone
    Jun 3 '14 at 20:26
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    @Pepone would you mind sharing a link to said court case? I have not heard of anything and do not know what to search for. Jun 4 '14 at 9:53
  • 1
    Google for "google apple anti poaching". That's two of the biggest names involved.
    – gnasher729
    Jun 4 '14 at 12:52
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    @TheOneWhoPrograms you must have not been following the news. pando.com/2014/03/22/…
    – Pepone
    Jun 4 '14 at 13:04

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