Employment Law

Would a Kentucky employer be responsible for tortious interference…

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Would a Kentucky employer be...
Would a Kentucky employer be responsible for tortious interference of contract if they hire an employee in violation of their former employers recruitment agreement?... Read full answer
Would a Kentucky employer be responsible for tortious interference of contract if they hire an employee in violation of their former employers recruitment agreement?
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Answered in 21 minutes by:
9/18/2009
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,876
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.
Verified
Good morning,

I'm sorry to hear of your dilemma.

Yes, not only the employee subject to a non-competition agreement can be sued by the former employer for violating that agreement, but the new company that they go to work for is typically sued as well for interference with prospective business advantage and injunctive relief.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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Customer reply replied 9 years ago

FOR PAUL MJD - This question related to an initial question I had asked just a bit ago. PaulMJD gave a much more comprehensive response to the first question and I submitted the second question directly to him not Doug.

 

I am sorry Doug answered it, but it was not the person I directed the question to, and is not as thorough in fact as the first answer from PaulMJD. I would like PaulMJD to answer my second question as well, please.

 

I answered your question because you failed to specifically ask for Paul. This question was open to all the Experts in Employment law. And while my answer may not have been voluminous, it was correct in the application of Kentucky law.
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Customer reply replied 9 years ago
No, I went to his link in his response and submitted it to him directly just below the words, Ask PaulMJD your employment law question. If that does not direct it to him then it needs to be corrected by JustAnswer.
I'll tell Paul that you are looking for him.
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Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 135,535
Experience: 20+ Years of Employment Law Experience
Verified
I am sorry for the confusion here, sometimes the customer request expire before we can get back to them. Your previous expert was correct in his explanation to you regarding the enforcement of non-compete agreements against a third party employer.

If the employee had an employment contract which they breached or had a non-compete agreement and the new employer knew of the agreement before they hired the employee, then the new employer would be liable for tortious interference with the contract.

If the employer did not know about the contract or non-compete before they hired the employee, then it is incumbent upon the new employer to take action and either terminate the employee immediately or seek to negotiate a waiver of the contract with the previous employer for some cash settlement. If the employer fails to take any action upon learning of the contract/non-compete, then they would be held liable for tortious interference with the contract, since the new employer is a third party who is interfering with the contract between employee and former employer.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

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You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 135,535
Experience: 20+ Years of Employment Law Experience
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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