Employee poaching, or recruiting an employee who is currently employed by another company, is generally considered legal in the United States, as long as it is done without violating any non-compete agreements, or any other contractual obligations that the employee may have with their current employer. However, it is important to note that there are some state laws that may restrict or prohibit certain forms of employee poaching. These laws can include non-compete agreements, which prohibit employees from working for a competitor for a certain period of time after leaving their current employer, and “no-poaching” agreements, which prohibit companies from recruiting each other’s employees.
It’s also worth noting that some companies may have their own policies regarding employee poaching and may take legal action against other companies that engage in the practice, especially if they believe that the employee was taken away by the use of unethical or illegal means.
It is important for companies to be aware of these laws and regulations, and to conduct themselves in an ethical and legal manner when recruiting employees from other companies. This can include being transparent about the reasons for wanting to recruit the employee, not making false promises, and not engaging in any illegal or unethical conduct.