In-House Recruiting and Do Not Poach Contracts
Talent Sourcers, In-house Recruiters, and Talent Acquisition professionals are faced with a catch 22. We are given the task of recruiting "top talent" that have relevant industry knowledge and experience in a very short amount of time. At the same time, sales executives are under pressure to win new business and usually don't think twice about the downstream impact of agreeing to "Do Not Poach List" verbiage that seems to come standard now in large deals in the tech industry.
Real life Example.
"Larry, legal wants to have a little chat with you about our nonsolicitation list and some emails that went out..". Well, that only has to happen a few times before you start building search strings that will keep this from happening. -("company name", "2nd Co name", another, "another one") and selecting "Current" in the drop-down the "Companies" section in the advanced search section will usually do the trick in LinkedIn Recruiter.
One of the nice features of the New LinkedIn Recruiter product is the Custome Filters feature that enables users to build a nice list of companies to keep out of any searches and save it for future searches. Of course, you can use these filters for other reasons: diversity sourcing, military sourcing, and building target lists). Kind of like set it and forget it.
Unfortunately, the "Companies" field is not able to exclude any companies at this time according to LinkedIn Support. This is not the end of the world for savvy sourcers who prefer to x-ray Linkedin using their favorite search, but for those companies who are paying a for LI Recruiter seats, this kind of sucks.
What does mean?
Currently, you can not enter a filter in LinkedIn Recruiter that will keep certain companies (like current employees) from showing up in your search results.
Check your strings before they strangle you! I'll post an update once the issue has been resolved.
Interesting Update May 2018
Hopefully, recent legal rulings will turn the issue covered in this blog post a thing of past. As of this update, most of my clients and recruiting peers that I have talked to about the DOJ's view on the use of "No Poaching" agreements and list hasn't made it's way to their team's yets.
DOJ Brings First ‘No-Poach’ Prosecution Since Issuing Antitrust Guidance for HR Professionals | New York Law Journal A careful review of this settlement and the Antitrust Division’s accompanying press release indicates that there is a significant likelihood that no-poaching and wage-fixing agreements that were entered into or that continued after the Antitrust Division issued its guidelines for human resource professionals will be prosecuted as criminal violations.
This begs the question. As a third party recruiting and sourcing consultant, what is my legal responsibility when my clients give me a list of companies that I am not to source from? In other words, is there some kind of "third party binding" thing a jiggy".