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Do you have any contractual restriction on poaching?
Do you have the exact clause wording as that may be relevant?
Thanks. This is something akin to a non-solicitation covenant, which is used to prevent an employee from enticing away their employer’s customers or suppliers. Solicitation generally means “directly or indirectly requesting, persuading or encouraging clients of the former employer to transfer their business ". There has to be a positive act by the employee such as to "tempt, lure or persuade” the client to do business with them. Situations where the client makes contact first are not automatically excluded and can still be caught under non-solicitation restrictions, although it would depend on the individual circumstances.
So really the law would want to see some kind of positive act by you to try and entice them away and if you did nothing and it was clearly just the customer who approached you and who wanted to work with you, then it would be somewhat difficult to argue that you had poached them away.
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yes that would indeed be the case, poaching really requires some positive act by you, telling them what services you offer, asking them to consider working for you, etc
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