Recruiting workers & Hasogas Gvul

 

Question:

A certain company which typically looks to hire talented help with experience in their specific field is having a problem, since it is very difficult, as there are very few qualified candidates. A recommendation was made to a Jewish person in this company to identify competing companies and have an executive recruiter fish for candidates; looking for qualified candidates who for whatever reason are looking to make a switch.

Would it be Hasogas Gvul for this Jewish employee to just give the name of Jewish-owned competing companies?

 

Answer:

Giving a name isn’t Hasogas Gvul but s considered assisting in doing Hasogas Gvul.

It would be Hasogas Gvul even if it would require significant effort to recruit such talented employees unless the potential employee is exceptionally talented and it would be almost impossible to find someone of equal caliber and he hasn’t signed a contract or begun his work at the previous employer. The same heter applies about convincing the employee to transfer after his contract is up where it is not obvious that he will continue there.

 

Sources:

ראה שו״ת מהרש״ל לו. סמ״ע רלז, ח. שו”ע אדה”ז הל’ הפקר והשגת גבול סעיף יב-יג. ומינה שבשאר אומניות אסור. וכ״כ מנחת פתים רלז, א. וראה שו״ת אבנ״ז חו״מ יז. מנח״י ה, עז.

 

 

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