Hi,
What is the halacha about approaching an employee who works for another company and offering them a job? Is there a difference between actively persuading them to leave and hiring them when they approach on their own? Does it matter if they have an employment contract or if losing them would hurt the other company? Where is the line between normal recruiting and hasagas gevul?
There is generally no prohibition against approaching an employee of another company and offering him a job.
The Avnei Nezer, Choshen Mishpat 17, discusses almost this exact case. One person owned a factory with trained workers, and a competitor wanted to hire those workers away. The first owner argued that this would hurt him because he would have to find and train new employees. Nevertheless, the Avnei Nezer concludes:
“ונ”ל שאין איסור”
He explains that this is part of ordinary competition, and that trained and experienced workers are not necessarily replaceable by simply finding other people.
So even actively approaching an employee of another company and offering him a position is generally permitted and is not considered hasagat gevul.
The one important qualification is where the employee has an existing contractual obligation. Encouraging someone to violate a binding employment contract, notice requirement, non-solicitation agreement, confidentiality obligation, or similar commitment may raise a separate halachic problem.
But absent such an obligation, the Avnei Nezer’s case is remarkably close to the modern situation and permits it.
Thank you Rabbi for clarifying this.