HP Faces Appeal to Ninth Circuit of Employee No Poach Claims

Nov. 5, 2020, 5:42 PM UTC

A former HP Inc. employee has asked the Ninth Circuit to revive allegations that a “no poach” agreement prevented fired employees from finding new work with a 3D printing rival after age-related layoffs.

Judge Gonzalo P. Curiel dismissed those antitrust claims in August, saying the plaintiff’s “opaque allegations” were “either insufficient or independently explained by rational business decisions” rather than collusion.

The claims were part of a lawsuit that also accuses HP of discriminating against older workers during a round of layoffs starting in late 2015. The age bias part of the suit—which landed in the U.S. District Court for ...

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