Internal emails from senior executives at Silicon Valley companies like Apple and Google suggest that a joint agreement to ban hiring between them would bring significant financial benefits, according to Judge Lucy Koh.
Five former tech workers have filed a lawsuit against Apple, Google, Intel and others alleging a secret conspiracy to eliminate competition by agreeing not to hire employees from each other. The judge also allowed a four-hour cross-examination of Apple CEO Tim Cook and must decide whether to classify the lawsuit as a class action, which would allow the plaintiffs to seek larger damages.
Steve Jobs had sent Schmidt an email in March 2007 because a Google employee was trying to "recruit" an Apple engineer. The email was as follows:
“I would be very pleased if your recruiting department would stop doing this”
Schmidt forwarded the e-mail to several other - as yet unknown - recipients demanding that all this stop and asking for a reason.
"Can you get this stopped and let me know why this is happening?"
Google's human resources manager responded that the employee who did this would be terminated within the hour, asking that his apology be forwarded to Jobs.
Google's staffing director responded that the employee who contacted the Apple engineer "will be terminated within the hour."
He added: "Please extend my apologies as appropriate to Steve Jobs."
Apple's lawyers tried to keep Tim Cook out of the case, arguing that he had nothing to do with the deals since he was the company's chief financial officer before succeeding Steve Jobs in 2011. "I find it hard to believe that a COO would not have a say in employee salaries and compensation," the judge replied.
Along with Tim Cook, hearings are also scheduled for Eric Schmidt, Paul Otellini and other executives of the companies involved.
