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The Pros And Cons Of Antitrust Laws

1078 Words5 Pages

The purpose of this paper is to explain the reasons behind “no poaching” agreements to protect employees in the new economy. This analysis has been done by examining the article written by Michael M. Briley from Shumaker, Loop & Kendrick, LLP, business law firm founded in 1925. This article examines the potential violations of the antitrust laws. The second part of the paper focuses on the challenges and opportunities of offsite interviews and offsite tastings, particularly this paper stresses on the opportunities that technology is bringing to this new era. Companies have tried to support a strong interest in keeping their most valuable employees, as a result, they support their key employees. However, this has brought an intensified focus …show more content…

Am. Crystal Sugar Co., 334 U.S. 229 (1948); Knevelbaard Dairies v. Kraft Foods, 232 F.3d 1979 (9th Cir. 2000)” ("Employee “No Poaching” Agreements Meet The Antitrust Laws: Protection Of Employees In The New Economy | Lexology")
Historically, the Department of Justice has been well- known for focusing on no-poaching agreements between competitors. In the past, the DOJ has suit major technology firms such as Adobe, Apple, Google, these companies have been sue because they agreed to not ask for employees for other technology companies. The major Goal of the DOJ is to provide all employees with the same opportunities as they would have with “no poaching” agreements.
According to the article, more no-poaching litigation will be more common to see in the near future, but these cases might be more difficult to protect because they are less restrictive options to these agreements. For example, “individual employee confidentiality and non-solicitation agreements offer an effective restraint on both the ability of employees to leave, but also on the incentive of some employers to hire them” (Littler.com, …show more content…

Our company’s policy provides employees with at will employment, to protect both parties’ rights, it should be remembered that the employment relationship is terminable at will, at the option of any employee or the employer. Poaching agreements should not affect the way we do business because our main goal is to be a leader in the export of fruits, we work closely with retailers, importers and employees to maximize our opportunities to grow our business. Poaching agreement is not the only problem companies face, another major problem in the recent decade has been technology for distance interviewing and offsite testing. Technology has had a profound impact on recruiting strategies such a social networking. For example, in person interviews are diminishing, while it is possible to conduct interviews over the phone, in person interviews provide the most insight on the candidate, by interviewing a candidate in person, the recruiter ensures to get the most out of the conversation and in addition, there is more interaction and engagement with the

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