Can employers enter into pacts not to “poach” each other’s employees? That is the question at the center of a recent case claiming that two universities conspired to depress compensation for faculty members in violation of federal antitrust law. A radiologist at Duke University School of Medicine filed the suit after applying and being rejected as an applicant at the University of North Carolina. The applicant was told the universities had agreed to block lateral moves of faculty between the universities. What are the legal concerns regarding employee poaching behavior?
My colleagues, Dale Grimes and Gingie Yetter, analyzed the case in a recent client alert, “Academic Medical Centers Target of Latest Employee Anti-Poaching Antitrust Claim,” that is available online.