Trying to find and keep great (even pretty good) employees can be difficult and competitive. When someone has a lot of knowledge and experience in the field, they may be highly sought after by competitive companies who want that employee to work for them instead. However, there is a fine line and if crossed in soliciting of your employees by a competitor: it can tortious interference with a contract. This can be very detrimental to your company if you lose a key employee, or costly to you if you illegally solicit an employee.
If you believe a competitor tried to interfere with one of your employees and convince your employee to leave, and therefore break their contract with you, you can sue the competitor. In order to win, you must prove four elements. These four elements include:
(1) that a valid contract existed,
(2) that defendant had knowledge of the contract,
(3) that defendant acted intentionally and improperly, and
(4) that plaintiff was injured by the defendant’s actions.
If you are able to prove those four elements then you have a very solid case.
If you believe that someone has crossed the line and committed a tortious interference of a contract against you, please contact me. I am more than willing to help you get compensated for your loss or help you take steps to avoid a competitor trying to purge your company of valuable members.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.
