Q: Is it legal to offer employment to competitors' employees via social media?

A: Generally speaking—yes, it is legal. However, one potential legal risk to consider is a claim of “tortious interference with contractual relations” or “intentional interference with prospective economic advantage.” For this to apply, the competitor would need to prove that your actions were wrongful (beyond mere competition) and caused measurable harm. Simply offering employment via social media in a professional manner, without encouraging employees to breach confidentiality or steal trade secrets, is unlikely to meet this threshold in California, especially given the state’s pro-competition stance.

A: In California, offering employment to competitors' employees via social media is generally permissible under the law. California's Business and Professions Code Section 16600 establishes a strong public policy favoring employee mobility and prohibits restraints on professional practice, making most non-compete agreements unenforceable in the state.

Your situation appears particularly favorable given the absence of employment agreements or non-compete clauses with these potential recruits. However, you should remain mindful of potential claims for interference with contractual relations or unfair competition that competitors might raise. Additionally, you must avoid targeting employees specifically to acquire trade secrets or confidential information, as this could violate both state and federal laws protecting intellectual property.

We recommend documenting your recruitment process carefully and focusing messaging on legitimate business opportunities rather than disparaging competitors. Consulting with employment counsel before implementing a strategic recruitment campaign targeting specific competitors would be prudent to establish appropriate protocols. Your car shipping brokerage has substantial latitude under California law to compete for talent, but executing this strategy with professional discretion will minimize potential legal challenges.