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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111567
Experience:  20+ Years of Employment Law Experience
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My former company had a clause in it (not a salaried job but

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My former company had a clause in it (not a salaried job but commission w-2) that said . employees of the company cannot conspire together to leave to go to another company. The job I had did not involve any proprietary or intellectual properties , no insider information, no client list, nor anything that could be considered damaging to the company financially if I left. Two of us left , we were contacted by another company who knew us previously as we worked in the same industry. They say we violated the agreement....Ohio is a Right to Work State....they do not contest our working in the Industry they are trying to say we cant both leave for the same company ...can a contract be construed to say 2 people can't go to another company....I did not solicit the other person to go nor did he solicit me...we work in separate states and I nor he financially benefit from the other coming to the same company...I clearly resigned from the company before I went to work for the new company...
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

While Ohio is a right to work state, the employer can have a contractual clause regarding non-compete provisions and anti-solicitation provisions and those clauses are enforceable legally under Ohio law.

You have not provided the exact wording of the non-solicitation clause for us to review, but if it is a standard non-solicitation clause all it prohibits is you from actually arranging the new job for your co-worker or him arranging it for you and enticing the person to leave the current employer for the job. While your company might be threatening, if they cannot prove you actually enticed him to leave their employment for this job, they would not be successfully able to enforce that clause in this type of situation.

 


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Customer: replied 3 years ago.

Thank you, XXXXX XXXXX employer is someone who we both worked for previously in the same industry before(she was with another company). This person went to a new company and started calling people she knew who had experience in the Industry....she found the other person who was with the same company as me on Linkden and contacted him (he's in Detroit)....I had nothing to do with that...she then started searching and called me in Ohio , I know her personally...I had to do a resume and formal interview to be hired...just knowing her or the other person didn't guarantee me the job...


 


By the way , my former employer tried to get me to agree to pay $4,000 and they would not sue me, they started at $14,000 ....I refised to pay anything.

Thank you for your response.

Your company cannot hold you liable for the violation of the non-solicitation clause if you never solicited the other employee to leave. You are not liable for what other employees do on their own or for what your new company did to go out to hire the other employee and the non-solicitation clause cannot be used to hold you liable for that.
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