If a coworker has an employment contract for a definite period of time, the employee may be liable for intentionally and improperly encouraging the coworker to break the contract if he or she tries to get the coworker to join the new venture. The employer could sue the employee for intentional interference with contract. There are even more restrictions on key employees soliciting coworkers. If a key employee solicits a coworker to join a competing venture without informing the employer, it is a breach of fiduciary duty. Merely telling coworkers about future plans is different from solicitation.
Some courts allow employees to discuss future plans with coworkers.
Employers often ask employees to sign antipiracy or no-raid clauses, an agreement not to solicit coworkers or hire them for a period of time after they leave the company. Such clauses are generally enforceable. A noncompete covenant is designed to protect the employer from harmful competition from former employees. Noncompete covenants generally prevent former employees from soliciting business from the employer's customers or using the employer's confidential business information for the benefit of a competitor. In order to be enforceable, a noncompete covenant must meet certain requirements.