Usually, when recruiting new employees, employers simply ask the employee to confirm that they are free to work for the employer and not bound by any commitments whatsoever that may prevent them from working for the employer.
In a recent case, the Court of appeal of Caen nevertheless considered that the new employer may be held liable if they have not conducted further enquiries.
The Court of appeal ruled that an employer could not rely solely on the statements of a newly hired employee, regarding the absence of a valid non-compete clause binding them to their former employer.
In this case, the court took into account the fact that the employee’s professional experience, and their hiring for the same activity in the same local area by a company operating in direct competition, required the new employer to verify the existence of a non-compete clause, especially since such restriction is common practice in their business sector (the new employer having proposed such a clause in the new employment contract).
The new employer could not merely rely on the employee’s statements and committed negligence by failing to verify the existence of the clause at the time of hiring.
Court of appeal of Caen, October 17, 2024, n° 23/02130