Practice Areas » Recruitment Law

Manchel & Brennan’s Recruitment Law Group provides one-stop, nationwide legal service to corporations looking for assistance with matters arising out of employees moving to and from the competition.  Our national and international experience and expertise allows us to address every facet of hiring and/or the fallout caused by departed employees.  From questions about whether and to what extent non-competition agreements are or should be enforced, to arranging interviews with and the resignation of recruits, to post-resignation litigation, Manchel & Brennan will guide you through the recruiting minefield.  Manchel & Brennan also has extensive experience helping corporations undergoing significant changes -- mergers, acquisitions, stock down grades, compensation reformatting, executive level arrivals and departures -- address the types of retention and recruitment challenges often presented by such events.

Hiring — Is The Non-Competition Agreement Enforceable? How Do We Do A ‘Lift-out’?

Whether the potential hire is a single candidate or a so-called “lift-out,” Manchel & Brennan is recognized nationally as a firm that can help corporate employers assess and address the inherent risks attendant with recruiting from the competition, as well as implement strategies to ensure that the company’s goals are met with as little liability and business disruption as possible.  To achieve those results, Manchel & Brennan has put together a highly-experienced group of attorneys, a nationwide network of litigation support counsel and a research bank that covers most of the United States.  Consequently, Manchel & Brennan helps its corporate clients, among other things:  assess the enforceability of potentially applicable non-competition agreements, non-disclosure agreements, non-recruitment agreements, no-hire clauses and the innumerable iterations thereof; coordinate all phases of recruiting, from the interview process to the resignation (both written and oral) and, finally, to the actual transition from one corporation to another; and defend against the types of litigation that, unfortunately, often result from an employee moving to a competitor.  Whether you are hiring a single employee with a non-compete agreement or a manager whom you believe (incorrectly) is free to act because there is no “contract,” it behooves you to make sure that each and every transaction is undertaken correctly so as to avoid legal pitfalls.

Enforcement — If You Hire Correctly, So Must Your Competition

On the enforcement side, Manchel & Brennan excels in helping corporations ensure that their competitors do not unfairly recruit employees away.  Using our remarkable experience, national legal network and internal research resources, Manchel & Brennan has litigated enforcement issues across the country, protecting our clients from competitors’ unfair recruiting activities.  Clients are amazed by the speed with which Manchel & Brennan responds on their behalf, regardless of the location of the particular problem, as well as by the results obtained.  Simply put, whether the departures occur in Massachusetts or in, for example, Texas, Manchel & Brennan can assess the situation and begin taking the appropriate course of action within a matter of minutes, the result of which will be to protect, quickly, your assets, rights and resources.  Gone is the need for corporations with widespread operations to try and locate, state by state or city by city, counsel who hopefully will (quickly) understand the corporation’s business and recruiting issues and be able to act fast enough to stop the further loss of valuable assets.  By using Manchel & Brennan you make one call, and one call only, regardless of the location of your recruiting issuesIn that way, corporations save valuable time, both in terms of business disruption and recoupment efforts.

Corporate Changes — When Everyone Is After Your People

In the ever collapsing or changing or expanding world of the service business, there are always competitors looking to take unfair advantage of a material shift in your company.  A new compensation plan.  A new corporate parent.  A bad earnings report.  A downgrade in stock prices.  The loss of a major client.  The hiring of a new CEO.  The departure of a V.P. of Sales.   The list goes on and on, but each of these events has one thing in common:  widespread concern among all employees.  Change brings agitation.  And agitation fuels the recruiting efforts of your competitors.  The calls from headhunters start pouring in:  “why not take a look at us, given the changes going on where you are?”  Manchel & Brennan is quite familiar with these phenomena and has developed an extensive program designed to help corporations deal with and fend off improper targeting.  From training management on how to spot potential departures -- are employees on their cell phones in the office or otherwise changing their work habits? -- to developing good, honest lines of open communication to, if necessary, filing lawsuits to obtain legal relief, Manchel & Brennan can help guide corporations through the employment challenges that come with corporate change.