Last I checked, the Constitution still outlaws slavery (that would be the 13th Amendment if you’re keeping score). That is why the Google v. Microsoft battle is so darn interesting.
An article (free sign-up if needed) in today’s New York Times – the favorite print rag of bossy, self-serving, left wing liberals like me – highlights some of the reasons why…
Google Official Says Frustration Drove Him From Microsoft
Damn the NCA, Bill cursed at me, pissed me off, a competitor came calling, and I moved on. Among other things said at the trial was Microsoft’s attorney claiming that Kai-Fu Lee “…in approaching Google about a job, [he] sent an e-mail message stating, ‘I am currently the corporate vice president at Microsoft working on areas very related to Google.’ “
Unheard of a candidate saying such things; have you ever read a cover letter/email where a candidate made such a squirrilous comment? Newsflash – it’s what all career counselors teach.
One of Google’s attorney argued that recruiting was not a violation of the NCA (looks as if one a Google recruiter had the company counsel look at the NCA before moving forward – someone IS listening and learning at Google).
In the end, I’m fairly certain that the scandalous recruiting tactics used by Google – recruiting away talent from a competitor – will be upheld by the courts. Perhaps the courts should first take a look at the 13th Amendment; indentured servitude – whether bound by a ball and chain on a plantation or a non-compete agreement at a large company – is counter to what everyone thinks about freedom of choice.
Oh, when all else fails, remember that if someone is really vital to your organization, try not to anger them – browbeating, budget bashing, etc. – to the point of acccepting recruiter calls.