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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4874
Experience:  Extensive experience representing employees and management
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Dear Attorney, I just noticed that you practice with litigation

Customer Question

Dear Attorney,

I just noticed that you practice with litigation also, so wanted to take your second opinion on an important question.

If some outsider (a mall visitor/customer) regularly comes inside my store and solicits my employees to take a job/employment with them, is that legal? Do I have any legal option to stop such solicitation when they are trying to take my experienced employees by coming to my store?

Thanks
Kumar
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Thank you for requesting me, Kumar. I would be happy to answer your additional question.

If a mall visitor or customer is coming inside your store to solicit other employees, that can constitute tortious interference with economic relations, and you could sue the person on that basis.

(I respectfully XXXXX XXXXX the previous expert's opinion, who stated that you would have no basis to file such a suit because your employees are 'at-will' and you do not have a contract with them. The law allows the element of a contractual or business relationship to be met by an employee-employer relationship, even one that is at-will).

More importantly, you can deliver (in person, which is probably easier) a cease and desist letter, informing the person to stop trying to solicit your employees away from your business and informing him or her that any continued effort to do so would result in you suing him for tortious interference with economic relations.

You are also well within your rights to deny service to this individual (if he is actually ordering something), since as a business you have the right to deny service to anyone.

So, the next time he shows up, you, or one of your employees can tell him that he is not welcome in the store and ask him to leave. If he refuses to do so, you could call the police since he would be trespassing, since he is no longer allowed to be in your store due to trying to solicit your employees to leave your shop and work for him.

Hope this information is helpful.

Again, please don't hesitate to ask any follow up questions or request any additional information.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4874
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

Thanks much, Joseph, for the great advice. Thats what I thought as a common sense as he is effecting my economic situation by doing so. Glad to take second opinion as previous response could have mislead me. Thanks much.

Expert:  Joseph replied 11 months ago.
Hello Kumar,

Happy to help; and thank you for your positive ratings of my services! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph
Customer: replied 11 months ago.

Sure, will do thanks again, attorney.

Expert:  Joseph replied 11 months ago.
Great; thank you and best of luck!

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