Legal pitfalls in hot labour marketsWatch for non-solicit, confidentiality obligationsBy Fred Somerville11/20/2006|Canadian HR Reporter|Last Updated: 11/17/2006 When the labour market heats up, so does the potential for legal issues in the hiring and recruiting of employees. Here are a few things to keep in mind:Confidentiality obligations: Virtually all employees have confidentiality obligations and some, particularly knowledge workers, have written confidentiality agreements. When recruiting such individuals, particularly from a competitor, make it clear they must strictly observe all confidentiality obligations to their previous employers. Specify during the interview, and in the offer of employment, that if a potential conflict of interest arises, the recruit should notify his superior and then abstain from any participation in that matter. Non-solicit obligations: When hiring, find out whether an individual has any written non-solicitation agreements with prior employers. Non-solicit obligations can also arise at common law when an individual has developed a relationship with the customers and clients during her previous employment. If so, she may have a legal obligation to not solicit those customers for a reasonable period of time after the end of her employment, generally six to 12 months. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.