Can “No-Poach” Agreements Be Enforced? Probably Not.
Pennsylvania’s Supreme Court recently ruled that contracts between businesses agreeing not to hire each other’s employees are not enforceable. Pennsylvania’s highest court, speaking on this legal issue for the first time, held that even where one company expressly agreed in writing not to hire employees of the other in what are often called “no-poach” or “no-hire” agreements, such a contract would not be enforceable.