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What is your question?M. Strisik, Esq.
The employees have done nothing wrong. You have not indicated that the employees signed a non-compete agreement with you when they started and you did not indicate that you had the other company sign an agreement with you regarding your employees.
What agreement do you feel they broke?Thanks,
M. Strisik, Esq.
Your written agreement with the other company is the controlling agreement. Any 'extrinsic' evidence that is otherwise offered to a court of law to determine a contract dispute would fall under the "parole" evidence rule.
The rule says that you cannot use extrinsic (verbal) evidence against someone who said the words unless it is:
In order for evidence to fall within this rule, it must involve either (1) a written or oral communication made prior to execution of the written contract; or (2) an oral communication made contemporaneous with execution of the written contract. Evidence of a later communication will not be barred by this rule, as it is admissible to show a later modification of the contract (although it might be inadmissible for some other reason, such as the Statute of Frauds).
I hope this helps.