Robert Half Launches Noncompete Suit Against Former Manager

Allegations include misappropriation of client and candidate data and breach of duty of loyalty

On April 3, 2025, staffing giant Robert Half, Inc. filed a federal noncompete lawsuit (Complaint attached below) against the former Senior Vice President and Practice Director of its Wall Street Finance and Accounting division. In the six count Complaint, RHI alleges that defendant Jesse Cohen, while still employed by RHI, inappropriately laid the groundwork for his departure to competitor Mission Staffing. Cohen's alleged actions would seem to present a textbook example of how to trigger an unfair competition lawsuit by your former employer. According to the Complaint:

The first part of Mr. Cohen’s disloyal scheme was to blast out mass emails soliciting more than 100 Robert Half clients and candidates just days before resigning from Robert Half.

Mr. Cohen carefully selected the clients and candidates included in these emails.
Rather than randomly selecting targets, he chose those that would give him and Mission Staffing the best chance to effectively lift out Robert Half’s Wall Street Office’s most active business and move it—lock, stock and barrel—to Mission Staffing.

Mr. Cohen sent these email blasts under the guise of updating his files on behalf of
Robert Half as he moved into 2025. In actuality, Mr. Cohen was actively violating his duty of loyalty to Robert Half by trying to recruit those clients and candidates for his new employer, Mission Staffing, while still employed by Robert Half.

Examples of these emails are attached to the Complaint:

The Complaint continues:

Mr. Cohen was not done. On Sunday, January 5, 2025 (two days before his resignation), Mr. Cohen ran a series of 11 searches in the Client and Candidate Databases using the SalesForce Spotlight function, which allows Robert Half employees to apply a variety of search criteria to their search results. Searches conducted with this function yield information regarding, inter alia, (1) the job order number; (2) the job function; (3) the Robert Half client name; (4) the start and end date of the job; (5) the pay rate for the job; (6) the job status; and (7) the name of the placed candidate. In other words, Mr. Cohen searched for exactly the information that one would want for a scheme, using Robert Half’s goodwill and confidential information, to target clients and candidates most likely to move to, and do business with, Mission Staffing.

After this, Mr. Cohen searched for one of his direct report’s active job placements. This direct report serviced Robert Half clients and/or candidates in many of the same markets as Mr. Cohen, including in the New York City metropolitan area, Long Island, and beyond.

Mr. Cohen then searched for his completed placements. Through the criteria he applied to this search, the search yielded information regarding every completed placement with which he was involved with during his eight-plus years of employment – more than 3,600 placements.

Mr. Cohen ran the search for his completed jobs four times on January 5, 2025, and then exported the results of these searches to an Excel document. Upon information and belief, Mr. Cohen transferred this Excel document into his personal possession.

RHI is seeking the usual injunctive relief, including third party relief against Mission. Mission is not named as a party in the suit. This is a tactical choice on the part of RHI that can make sense in these cases. Why force Mission to supply counsel to defend itself and, incidentally, Cohen?

These cases are often settled on the basis of an agreed injunction. Stay tuned. Complaint below: