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How to Hire an Employee Subject to a Noncompete Agreement

Authors: John C. Glancy and Sharon P. Margello, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

With employee mobility on the rise, companies are increasingly concerned with protecting their business interests, including their customer relationships and confidential, proprietary and trade secret information when an employee leaves to join a new employer. A hiring employer should be equally concerned about information new employees may bring with them, including customer and client contacts, market research and financial data.

An employer must also be mindful of whether potential employees are