How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33150
Experience:  Employment Law Expert
Type Your Employment Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

Two former employees of our company (who left the company

Customer Question

Two former employees of our company (who left the company under negative circumstances) have been meeting with current employees of the company on a fairly regular basis. Each of them has non-solicit, non-disparagement and confidentiality obligations to the company for one year. We don't have evidence that solicitation, disparagement or violation of confidentiality has taken place, but we imagine it has given how their employment terminated and who they are meeting with.Is their meeting with the employees in any way prohibited?Is there anything we can do to protect the Company's interests in this situation?Thank you.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Since I haven't see their contracts I'm somewhat limited but I doubt very seriously if it is possible to write a contract that completely restricts ex-employees from talking to employee at all. Employment contracts must be "reasonable" and barring any contact between friends is something that courts would look at with a very, very skeptical eye.

The only thing that you can really do, without evidence that the employees are doing something illegal, unethical, or that breaches the agreement, is to have a local lawyer write the employees a letter with veiled threats in it and a reminder about the terms of the agreement. Often that will have the effect that you desire without it being necessary to actually sue. Also, if you sue and you aren't able to prove that the agreement was violated then you not only lose the amount of money you paid your attorney but the judge is also likely to order your company to pay the other side's attorney's fees.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.