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Sep 23, 2008 9:51 pm

I was wondering if anyone has experience with this situation: I am leaving my current firm (I am a manager) and bringing 2 of my reps with me to the firm who recruited me. This goes against my non-solicitation agreement. The new firm has much deeper pockets than my current firm and agreed to take on the risk of a lawsuit. My current firm is knows for suing companies who take big producers/managers and take clients with them (which we plan on obviously). I’ve told the new firm that I want something in writing that protects me personally against a lawsuit and they said no problem.   They seem to have an idea of what the lawsuit would be for and are willing to pay it (make the investment). Am I doing this the right way? I have never heard of anyone leaving our company and being personally sued - its always the company they go to? Does this make sense? Thanks.

Sep 25, 2008 4:25 pm

Thanks for the reply, that was very helpful. I actually haven’t told anyone at my firm I’m leaving and plan to do so in the correct way you speak of so as not to “invite” anyone to come although they can make their own decisions. A couple questions - I know of many cases at my firm where people have left and the company has sued. However, in every case the individual was never sued - always the recruiting company. Any idea why that might be? The new firm has also offered to pay for independent counsel before I make the switch. I have also said the only way I would switch is if they had it in the contract that anything I got sued for would be covered by them…thoughts??

Oct 2, 2008 4:42 pm

Frogger - as has been said elsewhere (at least in Bill’s footnotes), I’d get an attorney involved (your own).  Trying to get legal advice on one of the larger decisions in your career on a forum like this is probably being penny-wise but pound foolish.

Oct 2, 2008 4:52 pm

FROGGER…" Only a fool is his own lawyer ". Do not pass Go , Do not collect 200.00 and Go directly to jail. Consult a lawyer/solicitor forthwith.