Calif. High Court Must Clarify Employee Nonsolicitation Policy

Law360 (February 11, 2021, 5:19 PM EST) -- California policy on post-termination solicitation of employees has been hotly debated for some time, and those who hoped the decision in AMN Healthcare Inc. v. Aya Healthcare Services Inc. would bring clarity have been sorely disappointed.

In November 2018, the California Court of Appeal for the Fourth District held in AMN that a broadly worded nonsolicitation provision preventing employees "from either 'directly or indirectly' soliciting or recruiting, or causing others to solicit or induce, any employee of AMN" post-termination was void under the California Business and Professions Code, and expressed doubt as to the continuing viability of prior authority permitting such...

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