Legal Counsel
Hr Specialist - Policy,compehsation &
Bhrdwaj Harsh
Consultancy_hr & Ir
[email protected]
Hr Professional
Private Services
Civil/structural Engineering
+2 Others

Dear All,
I have a query.One of our employee left our organization without notice and took two other employees from our organization with him to the same company.Now he is continuously calling the existing employee of our organization to leave the job & come to his own company.We want to take a strong action against him so that his company is also aware of this situation.Please advice what should be the proper step against him.
Need your help urgently.

From India, Calcutta

Regrettably you have no help.

In recruitment, poaching in present times is the order of the day, even if it hurts and is not approved by a majority. He is not your employee any longer, so can not proceed against him at all. There is no guarantee that his present employer will offer any help (mostly, I feel he won't!, as your good people will be going to him!)

Your only hope and action is to make your retention strategies more sound and for that:
  1. Try and collect AUTHENTIC data on reasons for attrition.
  2. Check if you are paying comparable wages.
  3. Check if you offer comparable terms & conditions of employment.
  4. Check out on growth opportunities in your organization.
  5. Check out on the treatment to your people ( I mean, if it is authoritarian, arbitrary, demanding, unkind, harsh, humiliating etc.)
  6. Check out the bonding devices of your organization (those schemes, programmes and activities that bind the employees to the organization psychologically and emotionally)
To do all this you may have to get an "Organizational Climate Survey" and review, recast your HR policies.

Tell me if I can help you more!


August 22, 2008

From India, Pune
Hello Ipsita,
Why not you add clause in the appointment letter that employee work in your organization shall not undertake employment in your competitors or business rival organizations for two years from the date of termination of services.
This will reduce migration to competitor organization and you can reprimand employees for joining them. Employee may join any other organization other than your business competitors nothing harms your business interest and this will prevent damage being caused. But you have to do due-deligence as advised by samvedan above to retain and reward good employees.

From Saudi Arabia
Hi sawaant, I personally disagree with your suggestion!!!!!. This is not at all possible. How can you ask a person to do so. Will a fresher even accept it? Nataraj
From India, Madras
The person who have started his own Company, must be holding a very high position in your Comapny-In this case for the employee above than a level- may be senior manager or what you have designated, can get NON-POACH agreemnet signed for certain period of time. We do have the same mentioned in our AO exclusively meant for Sr. Level employees. This may help.
Open for Suggestions....

From India, Bangalore
Be honest..........I guess this guy is a management level staff. He knows the weak and threat in your company. So he can canvass your existing staff easily.
The most important thing is find out what is his attraction points first, then talk to the key staffs and secure them point by point.
In fact, most of the reason is "Salary", if the reason is not this, then your are in the difficult position......

From Macao, Macau
Dear Somnag,
Its not a question of agreeing or not agreeing with clause there are many such agreements of maintaining the confidentiality of business exist. Because any breach of contract and employers trust is important issue to the business.Confidentiality is one among prorogative employer may ask interviewing candidate to maintain and not to disclose the information as well as business secretes.
Similarly employee may cause damage to the interest of company by joining the rival business and employer can protect his interst by adding abovesaid clause to employees appointment letter.
In that case employee can opt for another employment but not competitors to his current employer for certain period.
You can refer matter to legal expert on this for further clarification.

From Saudi Arabia
I bed to differ from Sawants point of view. Neither can you force someone to join your organisation nor to continue with the same. All you can do is build condusive environment for the existing employees to work

From United States, Edison
Very good,
I also agree in principle but its tactical move to keep arogent or harmful employees under check from damaging the company. We cannot force someone to worrk beyond his wish and will. Nor does we restrict people from joining another company or even joining rivals to some extend.
SO under this circumstances you cannot keep quit and let happening of events damage the prospects of the company you work for. As responsible HR professional you must develop some tool to restrict harmful actvities of such employees who ploy under the aegis of rival employer and his HR incharge who pirated your employee.
This clause prevent Notorious and Miscreant type of employees other wise who will recognise you as HR professional who cannot defend his turf. BY simply paying more salary you cannot retain employees because this leads to gambling and not HRM.

From Saudi Arabia

I am little late in joining in this discussion neverthless I thought I will share some of my experiences.

1. I do agree it id very tough to stop these practices and sometomes I felt we as a Management are wasting most of our time fighting these people rather than locating a new good replacement.

2. Non poach clause or Non disclosure agreements are legally valid and many organisations do get these agreements signed by the Senior Employees But in reality, they do dilute these agreements in certain cases wherein they ask the employees to quit and this sufficient for others to claim in the court that the organisations are discriminating . We still can go to court and make the employees suffer even get a stay order that he shall not be engaged by the competitors by specifying the names of the employers General Stay is also possible and a good advocate will demand that the organisations be specified to have clarity So new organisations that will commence operations will not be covered

3. No emploee is arrogant or harmful as long as your fair to them,I do agree with Samvedan and instead of spending time on the so called arrogant or harmful employees who have left you, spend time on the good and productive employees you have buid a team by inducting new good replacements.

4. I am firm believer of Bell Curve in all aspects. If you have 5 employees resigning from you, 1 may talk bad about your company three may be neutral and one may talk good about you. If you see this graph deviating with the information available with you, then you may have to look at it seriously especially when the number on the left side is more


From India, Chennai

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2021 Cite.Co™