Mutual NDA and personnel

carlsagen

Hello. I have a small business and do ad-hoc contract work for a much bigger company. This work is low value and sporadic so I'm not too bothered for it. We have a mutual NDA that covers 'confidential information'.

A couple of sales staff of the larger company have approached me asking if we have any job vacancies.

Im looking to grow and taking on one sales person with a good track record would help me realise this growth.

However im not sure if the NDA would prevent me from doing so or if im confusing it with just information NDA which wouldn't be disclosed beyond our two parties rather than a non-compete? or if it still creates a conflict in terms of the NDA.

Any help would be much appreciated.

sjbrun

If you upset the other company they could stop giving you contract work. It depends how much you value your relationship with them.

You could always be upfront and ask them the question directly.

Savvy_Sue

I suspect it also depends whether there is a clause in their employment contracts which prevents them working for a competitor for a certain length of time / within a certain geographical area. There will almost certainly be something about not taking data with them ...

carlsagen

Savvy_Sue wrote: »

I suspect it also depends whether there is a clause in their employment contracts which prevents them working for a competitor for a certain length of time / within a certain geographical area. There will almost certainly be something about not taking data with them ...

That is perhaps more likely, but maybe probably harder to enforce.

Like I said, I wouldn't be too bothered about the work. its less than 1% of turnover.

Its more if the NDA has anything to do with employing staff who leave.

trailingspouse

What does the NDA say?

No NDA that I've ever signed has had any mention of employing or not employing ex-employees of the company I have the NDA with. But the only way to know for sure is to read it.