Sahara & Coke! invokes the following six laws
1. If A extended "significant effort" [See Issues 105, 107] towards obtaining readily available a) merchandise, b) services, c) specific employment d) or a particular employee; C may not subsequently endeavor to obtain it for him/herself.
2. Ashkenazic custom permits C to endeavor to obtain merchandise, services, employment, or employees of limited availability, after A extended "significant effort" in obtaining it; so long as A has not performed a legal binding "acquisition" (kinyan) [Choshen Mishpat 237:1, Pishchei Teshuva 2].
Nonetheless, Rav Moshe Feinstein rules that it is nonetheless virtuous for C to attempt to desist his/her pursuit, whereby allowing A to finalize his/her purported transaction [Igros Moshe: Choshen Mishpat I 60].
3. Even Ashkenazic custom prohibits C to endeavor to obtain objects, employment, or services when A has extended "extreme measures of effort" towards obtaining limited available objects [Maseches Gittin 59b].
Practically, it is difficult for Beit Din to directly enforce this law because the definition of "extreme measures of effort" is subject to three differing validated opinions.
3.1 The three different classifications of "extreme measures of effort" are. a) "A" has slightly endangered his/her life with the pursuit thereof [Sh"ut Maharshal 36]. b) "A" overcame obstacles and is sure to obtain the article etc. barring unforeseen interferences [Masas Binyamin 27]. c) "A" invested significant resources in his/her pursuit thereof. Included in this is honing a worker [Maharik].
As in general cases of financial unresolved doubts, Beit Din invokes the tenet of "respecting the status quo". Instead, the due execution of this law is left for "C" to personally preserve.
4. An employee may not breach the terms of a contract with an employer in favor of alternative employment [Ritva, Machane Efraim Schirus Poalim, Ketzos HaChoshen 333: 7, Pischei Teshuva 4, 5].
5. An employee may pursue commencing alternative employment following termination of his/her contract while employed by the competitor [Rabbi Akiva Eiger 237 like Mishna L'melech Hilchos Gezeila 1: 9].
6. A competing establishment or service provider may offer perks and better deals than the first enterprise in order to entice customers to switch to the competition [Choshen Mishpat 228:18]. Darchei Moshe forbids it if doing so will compel the original enterprise to fold [Darchei Moshe 156] .
Application
Sahara
If Teddy was under contract with Jetways, Sahara may not convince him to terminate it to work for the competition. While under contract with Jetways, Teddy may search for alternative employment to commence after the termination of his contract.
Jetways invested significantly in Teddy's training. Whether Jetways received their investment worth from four months of Teddy's services is a case by case call. If Jetways has yet to receive their investment worth, according to Maharik (see 3.1 c) this would be considered as though Jetways invested significant measures of effort towards obtaining services from Teddy. As such, even though Teddy was a "one of a kind employee," Sahara should wait to poach Teddy until Jetways received their investment worth. Nevertheless, if Sahara did poach Teddy and Teddy was not under contract, Jetways would not win their suit; as Beit Din will respect status quo rather than issue a verdict whereby defining the parameters of "extreme measures of effort".
Coke
If employees are easy to come by, Coke should hire other prospective workers rather than lure away employees from Pepsi. If the likes of these employees were unique, Ashkenazic custom would permit Coke to offer Pepsi's employees incentives to switch; provided that they will 1) not breach written contracts and 2) threaten Pepsi's closure.
In terms of carrying classified information, the parameters of the legality of non-compete clauses in employment contracts vary greatly from State to State and from country to country. Local secular law would determine whether and for how long Pepsi's former employees are barred from working for a competitor.
