Wynn Resorts to File Lawsuit Against Fontainebleau for Poaching Executive Talent

From Vital Vegas

https://www.casino.org/vitalvegas/wynn-resorts-to-file-lawsuit-against-fontainebleau-for-poaching-executive-talent/?fbclid=IwAR16nU6JhC7N25h3D1cZVROsO9_RAJ1gjZtt84D7o87kLa2LfJJBBWazkuw

I only see one way that a judge rules in favor of Wynn.  That's if during a previous lawsuit settlement, an agreement was made which has now been broken.  I find it interesting that the article did not mention potential lawsuits vs the employees which have left Wynn.  I'd be shocked if many aren't in violation of non-compete clauses.  Hell, I'm no big shot and I've had a non-compete for decades in the chemical sales business.

I agree with Boilerman.  In the absence of a non-compete clause in a person's employment contract, or a prior agreement between the two casinos (which in itself would be problematical for a variety of reasons, such as interfering with a person's right to seek employment) it is unlikely that there would be a legal remedy.   Moving to a competitor is a time-honored way to get a nice salary increase...fast.  An exception might involve "trade secrets", of which I doubt there are many in the hotel end of the gambling industry.

An example of a trade secret being upheld can be found in (ready for this) English Muffins.  A competitor to the major "nooks and cranies" company allegedly, over a period or several months, hired several members of the market leader's employees.  These, again allegedly, were the ones who actually compounded their muffins. The result, (you guessed it) was an a muffin that was "uncannily similiar" to the market leader.  The "nooks and cranies" company sued and won.  Exit the competitors "reformulated" muffin recipe. 

Again, an employee taking the general knowledge of an industry that they gained over years of experience to a competitor does not constitue trade secrets.  I did this often when I changed jobs multiple times  before I retired.  

Example: before I retired, I was in marketing, working for the industry leader in deodorants.  I was recruited, via an executive search agency,  to a smaller, direct competitor.   While I knew the market, retail outlets, consumer profiles, marketing plans, etc. from the first company, I had no problem with the switch (other than being escorted out of the building on the day I quit).  Had I been a chemist with specific  proprietary formulations, etc. it most likely would have been very different story

I've had a non-compete clause with most of my employers.  What I find interesting is that this article only discusses a lawsuit vs the new casino.  That doesn't mean that Wynn isn't also suing individuals who have violated their non-compete's.

To keep from violating my past non-compete clauses, it required either a lapse in time of 5 years or a substantial move in geography.......a move away from current customers.