Executive recruiters can often find themselves "stuck in the middle" of disputes between a former employer’s candidates and perspective new employers. As restrictive covenants become more ubiquitous in employment, executive recruiters need to make themselves aware of the potential impact that non-solicitation, non-competition and/or non-disclosure agreements can have upon their perspective job placements.

A discussion with a potential candidate regarding employment contracts, including restrictive covenants, that they may have previously entered into with their employer is an essential first step to protecting the interests of the client and in defending against claims that a client has intentionally interfered with an existing restrictive covenant between an employee and his/her former employer. Other practical steps can be taken to help protect the recruiter and the candidate from being entangled in unnecessary litigation with former employers over restrictive covenants.