Antipoaching (or no-poach agreement) is an
anti-competitive conduct where companies conspire not to hire each other's
employee
Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...
s.
Antipoaching agreements, or no-poach agreements, are related to
non-compete clauses, but distinct -- no-poach agreements are among employers, non-compete clauses are between employer and company. In the United States, antipoaching agreements have been widespread among franchise businesses: Research has found that 58 percent of major franchisors' contracts in 2016, including those of McDonald's, Burger King, Jiffy Lube, and H&R Block, contained agreements not to hire the workers of other franchisees. Some franchisors have since stated that they would drop those agreements.
Antipoaching agreements may be illegal under U.S. antitrust law in some circumstances.
[Antitrust Division, U.S. Dept. of Justice]
"No-poach approach,"
Spring 2019. Allegations about such agreements among major high-tech companies, including Apple and Google, were the basis of the
High-Tech Employee Antitrust Litigation.
See also
*
Employee poaching
*
High-Tech Employee Antitrust Litigation
*
Non-compete clause
In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition again ...
References
Anti-competitive practices
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