Employee raiding

[Sunshine10]

I colleague of mine recently quit the company I am with and started at a new organization. He recently told me about a recent position in his department at his new company and I applied for it and got an offer. I would report directly to him. The current company I am working for threatened would press a lawsuit against him for employee raiding because he had originally signed an agreement that stated he is not allowed to try to bring current employees to a new organization for at least 2 years. It's explicitly written. Keep in mind the 2 companies are completely different industries and the positions are even different. My friend does not own the company, but simply works for them. HR hired me. My current company is trying to keep me from leaving but I feel like they are putting me in a terrible position. Can they really sue him? or would they sue his new company? I think they are going to pursue suing him either way, whether I take the new position or not. But if I actually take the new opportunity and am working under him and he gets sued would my current company have a good chance in suing vs. if I declined the contract? I do not want him to get in trouble so I am thinking I should decline the contract so he doesn't get in trouble.

Any suggestions would be greatly appreciated.

 

[cbg]

He needs to take a copy of the agreement he signed to an attorney IMMEDIATELY. Only an attorney skilled in the contract laws of your state can answer. However, I have seen such agreements upheld in court. Whether they would or would not press the suit if you declined the offer is not something anyone here can guess.