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OK, This is a Raid. I Can't Believe They Took the Whole Team: Recruiters Aren't Just Poaching Stars. Now, Nabbing Groups of Employees Is On The Rise
BusinessWeek: Best and Worst of 2006
By Jena McGregor
Manchel & Brennan, P.C. founder Steven Manchel remarks on the growing phenomenon of corporations attempting to "lift out" groups of personnel from the competition, as opposed to using the traditional method of hiring one individual at a time. The author observed that, "while lift outs have been common in such industries as financial services and the law, the practice of snatching plug and play teams has been expanding into other fields." Mr. Manchel agrees, noting that "we've even seen it happen between recruiters, which has its own irony." Of particular importance is the recommendation that corporations looking at lift outs "consult your lawyer. Lift outs are complex procedures and raise a host of legal issues, such as violating non-compete clauses or unfair competition. Companies who do try them should involve counsel at the earliest possible stage."
The Business of Lift Outs. Once Taboo, Hiring Away Teams Is Getting Popular.
Boston Sunday Globe, Business Section
By Robert Weisman, Boston Globe Staff Writer
Manchel & Brennan, P.C. founder Steven Manchel comments that the number of group hirings, called “lift outs” by Executive Recruiters looking to sanitize the action, is on the rise. Mr. Manchel notes, “while that word didn’t exist three years ago, [Manchel & Brennan, P.C.] now handles about 10 lift outs a year, representing both companies eager to hire teams and lift-out victims clamoring to sue.” Attorney Manchel noted further that, “this has become a very, very hot topic in the business world. Now you have executive search firms actually going out there looking for groups of people to lure away.” Although a group, as opposed to an individual, transfer presents significant upside possibilities, such efforts are fraught with equally significant potential liability if not handled properly from the outset.
ADR A ‘Burgeoning’ Sector, But It Isn’t A Legal Cure-all.” Experts Warn Against Knee-Jerk Desire to Avoid Pricey Litigation.
Boston Business Journal, Vol. 26, No. 5,
Special to the Journal
By Mary K. Pratt
Manchel & Brennan, P.C. founder Steven Manchel discusses alternative dispute resolution and the issues surrounding when to use mediation. “It has become far more prevalent than it used to be,” said Manchel, “and it’s not only grown in terms of use but in terms of sophistication. For me the biggest issue is not whether to use mediation but when.” Manchel also noted that a growing number of lawyers and their clients request mediation early in the process, before either side has had a chance to gather key information. If such mediation does not fully resolve those cases, you have “essentially given them free discovery.” Click here to read the full article.
Tiptoeing Through The Noncompete Legal Minefield.
Boston Business Journal,Vol. 26, No. 1,
Legal Notebook
By Sheri Quarters, Boston Business Journal Staff Writer
The Boston Business Journal recognizes that Manchel & Brennan, P.C. founders Steven Manchel and Julie B. Brennan have built a practice helping companies recruit smarter to avoid costly litigation. Recruitment Law is the Firm’s specialty, and “their game starts with helping draft resignation letters for departing workers with noncompete and non-solicitation agreements.” Click here to read the full article.
Absence of Non-Compete Doesn’t Mean Your Company Is In The Clear.
New England In-House, Employment Law Section
By Steven L. Manchel, Esq.
It’s not just about the non-compete. Manchel & Brennan, P.C. founder Steven Manchel summarizes how pre-departure activities can expose your organization to significant liability and provides some practical advice on how to counsel clients and prospective employees during the hiring process. Click here to read the full article.
Engineering the Great Escape. Moving From One Job To Another En Masse Isn’t Just For Bankers Anymore.
Fast Company, Issue 101
By Jena McGregor, STAFF WRITER
Manchel & Brennan, P.C. founder Steven Manchel discusses moving from one job to another en masse. Mr. Manchel warns “that," even if explicit noncompete agreements aren’t in place, most states could consider group recruiting unfair competition.” Click here to read the full article.
Compensating Commissioned Sales Employees: Potential Pitfalls With Serious And Costly Consequences.
Massachusetts Bar Institute, Labor and Employment Section Review
Vol. 6 No. 1
Manchel & Brennan, P.C. partner Michael Donovan discusses payment of commissions to sales employees is a potentially fertile area for employment class action lawsuits. Mr. Donovan warns, “given the significant civil and criminal penalties associated with wage act violations, it is imperative that employers understand and fulfill their obligations before they find themselves the target of the next class action lawsuit.”