Navigating Non-Competes and Sensitive Transitions Without Losing the Recruit or Your Integrity

What do you do when a recruit suddenly brings up a non-compete, emotional loyalty, or fear around leaving their current role? This is one of the trickiest moments in recruiting, and how you handle it will either build trust or break it.

In this episode of Recruiting Conversations, I walk through the posture, language, and mindset shifts that will help you navigate sensitive transitions with professionalism and integrity. This isn’t about pushing people over the line, it’s about becoming the kind of leader people feel safe following.

Episode Breakdown

[00:00] Introduction – Why most leaders freeze when a recruit mentions a non-compete or emotional hesitation.
[01:00] Acknowledge the Weight – Before anything else, validate what they’re feeling. Don’t dismiss it.
[01:30] Lead With Empathy – A simple phrase: “Let’s slow down and walk through this the right way.”
[02:00] Stay in Your Lane – Don’t give legal advice. Offer to connect them with a trusted attorney.
[02:30] The Professional Position – Show maturity by prioritizing their well-being over your urgency.
[03:30] Emotional Loyalty Is Real – Sometimes it’s not legal, it’s personal. Help them reframe it without shame.
[04:00] Long-Term Perspective – Ask: “Ten years from now, what do you want to be proud of?”
[05:00] Go Slow to Go Deep – Allow them the time they need. No pressure. Just partnership.
[05:30] Build the Right Reputation – Integrity attracts. Your brand is built in moments like this.

Key Takeaways

• Validate Their Fear – Just because you think it’s minor doesn’t mean it doesn’t feel major to them.

• Offer Support, Not Solutions – Be a guide, not a legal expert. Connect them to the right help.

• Honor Their Loyalty – Don’t fight it. Use it as a mirror of their values and a reason to lead them well.

• Ask Bigger Questions – Help them think long-term. Align the next move with their vision, not their fear.

• Integrity Is Your Advantage – Leaders who slow down and protect the recruit build brands that attract.

You don’t need to push to win. You just need to walk with people in the moments that matter. Handle transitions with care, and you won’t just close more recruits, you’ll become a leader worth following.

Want help building a recruiting process that balances strategy and integrity? Subscribe to my weekly email at 4crecruiting.com or book a session at bookrichardnow.com. Let’s build your brand the right way.

Episode Transcript

(00:01):
So the big question is this, how dorecruiting leaders like us who have
12 to 15 other job responsibilitieswin at this game of recruiting?
How do we build a system that allowsus to recruit effectively in a minimal
amount of time while motivatingrecruits towards meaningful change?
That is the question, and thispodcast will give you the answers.

(00:21):
My name is Richard Milligan, andwelcome to Recruiting Conversations.
Hey everybody.
Welcome back to Recruiting Conversations.
I'm your host, Richard Milligan, andtoday we are gonna tackle one of the
trickiest areas in the recruitingjourney, and that's what to do when

(00:41):
your recruit brings up a non-competeor they're in a sensitive transition.
Now, this comes up more often thanmost leaders are prepared for.
You've done the hard work, you've builtthe relationship, earned the trust, and
now they're leaning in, but suddenly outtanowhere, they drop a curve ball on you.
Hey, I'd love to make the move.
But I've got a non-compete, or maybeit's, look, my company just helped

(01:05):
me through a tough time and I don'twanna leave them high and dry.
Or maybe it's just a fear.
A fear of being sued, done, beingblacklisted, burning a bridge.
And what I see happen is a lotof recruiting leaders freeze.
They backpedal, they overreact.
Or worse, they say something like.
That's not enforceable and completelyblow up the trust they've been building.

(01:27):
So let me say this right off the top.
How you handle thisconversation is everything.
This is one of the most delicatemoments in the recruiting journey and
how you respond in this window caneither deepen, trust or destroy it.
Let's start here.
You've got to honor the weight of whatyour recruit is carrying, because even if
you know the clause probably won't hold upor the situation isn't legally airtight.

(01:52):
They're still carrying the fear,and if you brush past it or
minimize it or turn into a legalexpert, you've missed the moment.
So the first thing youdo is acknowledge it.
Here's what I coach my clients to say.
I completely understandhow heavy that can feel.
I've walked other peoplethrough situations like this

(02:12):
and I know it's never easy.
Let's just slow down and walkthrough this the right way.
That one response does three things.
It shows empathy.
It builds safety and it slows theprocess down, which is what most
recruits need in that moment.
Because look, we're not here to push.
We're here to partner.
We're not rushing them into a leap.

(02:32):
We're walking them through a transition.
Now let's talk about non-competes.
Are they enforceable?
Sometimes, but that'snot your job to decide.
So here's the best position you can take.
It wouldn't be appropriate for me togive you legal advice, but what I can
do is connect you with an attorneywho specializes in this space.

(02:53):
I'll let them walk you throughwhat's enforceable, what's not,
and how you can make a cleantransition if you decide to move.
This does two really important things.
First, it keeps you out oflegal hot water, but more
importantly, it shows maturity.
It shows professionalism.
It shows that you're nottrying to just close a deal.
You're trying to help them makethe right decision the right way.

(03:16):
If you don't already have an attorneyin your back pocket for this kind of
thing, I'd encourage you to find one,not to be aggressive, but to be helpful.
When you can say, I've got a greatresource who's navigated this before.
You reduce fear and you increase trust.
Now, let's talk about emotionalloyalty because this is the
other version of the non-compete.

(03:37):
There's no paperwork, no contract, butyour recruit says, I feel like I owe
them, or they help me during COVID, ormy manager's been really good to me.
This is where you'vegotta lead with heart.
Here's a framework you can use.
I love that you feel a sense of loyalty.
That says a lot about your character,but can I ask you a question?

(03:59):
If the roles were reversed, if yourcompany had to downsize tomorrow, would
they prioritize loyalty over business?
Now, we're not saying that to shamethe company, we're just helping
the recruit reframe the situation.
Because more often than not, their fearof betraying someone is holding them back
from stepping into what's best for them.

(04:20):
Their family.
Another great question to ask is this, 10years from now, when you look back on this
moment, what do you want to be proud of?
That you stayed out of obligationor that you stepped into
what aligned with your goals?
You see what we're doing here?
We're surfacing the long-term vision.
We're helping them choosefrom purpose, not pressure.

(04:41):
And here's the part a lot of leaders miss.
Sometimes the best move is to slow down.
I've had candidates say, I need 90days to wrap things up where I'm at.
And instead of pushing, we builta bridge, we stayed in touch,
we celebrated their transition.
And guess what?
When they came on board, they were all inbecause no guilt was attached to the move.

(05:02):
No pressure, just partnership.
So here's the mindset I want you to adopt.
You're not closing, you're guiding.
You're not arguing legality,you're offering clarity, and
you're not fighting their loyalty.
You're respecting it and reframingit around what's best for them.
Let me give you one more thought.
When you handle a sensitive transition,well, when you protect the recruit,

(05:25):
when you give them space, when you walkwith integrity, you're not just winning
a recruit, you're building your brand.
Word travels fast in this industry.
When people see you as the leader whohonors the process, who does things
the right way, who leads with class,you become the attractive leader.
You become the one worth following.
So here's your challenge.

(05:45):
The next time someone brings you anon-compete or a fear or an emotional
tie to where they are, don't flinch.
Slow it down.
Lead with empathy, offer perspective,and walk with them not ahead of them,
because that's what real leaders do.
That's it for today's episode.
Go implement this and let me know howit shows up in your conversations.
I'll catch you back here soon onthe next recruiting conversations.

(06:10):
Want more recruiting conversations?
You can register for my [e-mail].
If you need help creating your ownunique recruiting system, you can book
a time with [e-mail].
I.