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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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An employee is leaving the company and I need to protect

Customer Question

An employee is leaving the company and I need to protect against recruitment or slander to others in my industry. What are my options?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

What precisely are you concerned about here? I very much look forward to helping you on this matter.

Customer: replied 9 months ago.
I own a competitive cheer company and there are three others in the area.
I know that this employee will be working at one of them. I don't want her to go over there and bad mouth our company(true or not) and cost us business by recruiting athletes to leave our company and go to another gym.
Expert:  Patrick, Esq. replied 9 months ago.

Thank you. Do you have a non-compete or non-solicitation agreement in place?

Customer: replied 9 months ago.
Not yet, thats what I'm trying to do.
Expert:  Patrick, Esq. replied 9 months ago.

Thank you.

What you need is a contract with confidentiality and non-disparagement provisions. That is the only way to get a former employer to not say harmful things about you. Otherwise, there is no law which prohibits a former employer from stating their opinion or making true statements of fact. Of course, a departing employee generally will not sign such an agreement "just to be nice." It wouldn't even be enforceable if they signed gratuitously because in law a contract is not enforceable unless both sides give up something of value.

This typically means you need to offer some sort of financial incentive. For instance, an additional two weeks pay as severance. The amount can be as small as you want, but two weeks is probably the minimum to induce an employee to sign such an agreement.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Expert:  Patrick, Esq. replied 9 months ago.

Were you able to view my answer? Please let me know if you are experiencing any problems or if there is anything more I can do....

Expert:  Patrick, Esq. replied 9 months ago.

Can you please let me know if you are able to view my posts?

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