The fangs are starting to show and in one corner it’s the Redmond 800 pound gorilla playing the lawsuit card over an employee Google hired away who allegedly has violated a non-compete clause

Microsoft said in its lawsuit, which was seen by CNET News.com. “Google is fully aware of Lee’s promises to Microsoft, but has chosen to ignore them, and has encouraged Lee to violate them.”

Scoble says he won’t comment on legal or HR issues but a post saying no comment is a comment, Robert. You should know better than that. A true “no comment” would be not even linking the story to begin with. Stay out of it entirely. Linking to it and saying you have no comment is telling the rest of us out here that you would say something if it didn’t get you in trouble.

And that just adds to the problem.

As for the source of this infection, I’ve always felt non-competes were problematic legally from a number of standpoints, though I’m certainly no attorney or legal expert (so please keep that in mind). As far as my non-legal mind goes, a company cannot really go after a person’s right to work, which is one thing I’m suspect of immediately in non-compete lawsuits. However, in this case the target is a competitor — Google — not just the employee himself which gives the case a little more chance of success in the legal arena.

But in the court of public opinion? Uh oh.

I seriously doubt this one will ever go to trial. Microsoft doesn’t need any more bad press. Even if they are right on this one, and they very well could be, the damage and liability of giving up a key employee isn’t Google’s fault, it’s their own fault. Please look in the mirror a little more, Microsoft.

For every two steps forward in humanizing the company, they take steps back in PR with moves like this one.

Maybe they should pay Scoble more too before he jumps ship and becomes the human presence for one of their competitors. It’s a good bet that they will keep losing more good employees to Google and other competitors until they make what seem like obvious changes to the rest of us Monday morning quarterbacks.

Good employees will not stay without competitive and commiserate wages and benefits, good work environment, a rewarding job with advancement potential and a decent commute. All but the last one are within the control of the employer.

Mirror, mirror …

• Non-employees infiltrating Mini Microsoft’s blog
• For employees Microsoft throws in the towels
• Scoble says he’ll quit on the spot if Mini is fired
• Employee non-work internet activity during work hours
• Legal sparring between Google and Microsoft over former employee continue
• Mini-Microsoft: credible or coward?