so i was just threatened with a lawsuit for allegedly recruiting ALL of my former employer's techniciancs when in reality, all i did was ask TWO of them to put my name down as a referral when they went to a job fair they already knew about. only one actually went. so my question is this....what the can i be sued for?? i have absolutely NO referrals to my name...and have not told anyone at my place of employment about anyone and certainly have not fowarded any resumes. it's my opinion, that people at this place hate where they work and are looking for work because their job sucks, and the owner cannot fathom this and needs an excuse.......me.
Well, if you had an employment agreement that contained a non-compete/non-solicitation clause, you could be sued for breach of contract. Other than that, you may be looking at tortious interference with a contract. In my opinion, it's unlikely that anything comes of this.
even if all i did was ask two people to use my name as a referrence on their application? they already knew about the fair....and one guy didn't even go.
yeah..that was good.
Without knowing the specifics of your former employment situation, I can't give you a very solid answer. But like I said, your former employer would have to allege that you violated the terms of an employment agreement containing a non-solicitation clause or allege tortious interference with contract. I think both are unlikely.
Did you even have an employment agreement?
Yes. As Mr. Peabody said, if you signed a non-compete with your previous employer, you more than likely breached the contract. I doubt they'd file a lawsuit, otherwise.
Sounds like you're pretty much screwed.
Hopefully you end up on People's Court or something. That would be pretty awesome.
Call a lawyer.
I doubt it. Most people in Texas work without employment agreements. Plus, the courts have been hesitant to enforce non-compete/non-solicitation clauses because they are restraints on trade. His employer would be wasting his money and time pursuing a cause of action on something like this.Yes. As Mr. Peabody said, if you signed a non-compete with your previous employer, you more than likely breached the contract. I doubt they'd file a lawsuit, otherwise.
Sounds like you're pretty much screwed.
you really got under the skin of your ex-employer.
Kudos.
It is just a threat. You should be fine unless you signed something upon dismissal.
I was kidding about him being screwed.
The company I work for now and the company I worked for previously both have non-competes in place. If I did what blizz did, I would be under breach of both contracts.
Even that wouldn't be enough. An non-solicitation clause has to be part of another agreement, which is why they are usually incorporated into an employment agreement. Plus, you have to receive something of value in return for your agreement not to solicit co-workers. As such, signing a do ent upon dismissal really doesn't provide any protection to the employer.
The law in this area lays out a fairly specific procedure that has to have taken place for such a clause to be enforceable. Unless your employer had an attorney guiding him through the procedure, chances are he doesn't have a leg to stand on.
Last edited by Mr. Peabody; 04-04-2008 at 03:00 PM.
To pursue what? Are you loaded? Is your client list deep and your company size a legitimate threat?
Breach of contracts like this are pretty diffucult to resolve and can be costly, unless you blatantly them over and are a serious threat to the companies bottom line. If they don't stand to claim a bundle I don't see the value in ing with it.
Sometimes people talk to simply hear themselves talk. I wouldn't be worried. Its not as if there is a massive paper trail leading to your front door.
Yeah, a lot of companies have them in place nowadays. It used to be the case that the clauses where damn near unenforceable in all but the most egregious of cir stances, but the law has since changed. Now such clauses are easier to enforce, but it's still not a given that any single clause will be enforceable.
Are you SpursTalk's general counsel or what? You sound like you know what you're talking about. It's kind of hot.
I'm not loaded, I was a contract worker and did sign a non-compete clause. I just found out more details. Apparently, a guy there (who I don't even know) is getting hired at the place I work and they know about it, and another one is leaving to go somewhere else. One of the guys that I know there told the guy I don't know to put my name as a referral, which he may or may not have done...in any case...how can that be my fault? The place I work now held a city wide job fair that everyone knew about and I asked one guy to put my name down as a referral since he was going already. I think it would be really hard to prove anything and I doubt he has the time/money to go through with it. Besides, with all the shady things this place did, I can drag their name through the mud and wouldn't have a hard time finding people (clients/ex-clients) to back me up.
I think that le belongs to FWD.
This whole thread is making me horny
Non-solicitation (non-raiding):A non-solicitation clause, also known as a non-raiding clause, is intended to restrict an individual's ability to hire or recruit his former co-workers. If the covenant is interpreted to be a restraint on trade, some Texas courts have required non-solicitation clauses to be analyzed like a non-compete (requiring that it be ancillary to an otherwise enforceable agreement and be reasonably limited in scope)...
If you believe you have an issue regarding a non-compete agreement, you should consult competent legal counsel. No Attorney-Client relationship is created unless and until they formally accept representation of you.
Wheres the Texas Hammer when you need him?
I prefer the "Mexican Martio", for those who speak espanola...
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