Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

My former company had a clause in it (not a salaried job but

commission w-2) that said...
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...
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
7/8/2013
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,095
Experience: 20+ Years of Employment Law Experience
Verified
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.

 


Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


Ask Your Own Employment Law Question
Customer reply replied 4 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.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,095
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 121,095
121,095 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
In the middle of December I had a job interview with a
In the middle of December I had a job interview with a company they ended up moving forward with me and gave me a training schedule with days and hours for me to come in and train. I was told after my… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,095 satisfied customers
Another candidate and I interviewed for the Another
Another candidate and I interviewed for the Another candidate and I interview for the same teaching position. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I have worked for a company for five years as a salaried
I have worked for a company for five years as a salaried manager, they now what to make me hourly, can they … read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
My problem in in Florida, a right to work state. I began my
My problem in in Florida, a right to work state. I began my career 11 months ago as the Chief of Security with complete autonomy over my employees. My General Manager and I had a great working relatio… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I have a salaried employee who was hurt on the job and was
i have a salaried employee who was hurt on the job and was off for 11 weeks on workers comp. Am I required to make up the difference in her pay between what workers comp was paying and her salaried pa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was previously employed as an Account Manager, salary was
I was previously employed as an Account Manager, salary was $28,000 / yr, I crushed my quota for the year, coming in well over 100% for the year. In April of 2017, my wages were reduced from $28,000, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
You there? It was during an interview and during my school
it was during an interview and during my school clinical at the same hospital … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I was Applying for a Job and went on 2 interviews. In the
I was Applying for a Job and went on 2 interviews. In the second interview i notified the company I would be getting a service dog in the future. Just to notify them. I then received a phone call from… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I was told in a job interview 6 months ago I would be
I was told in a job interview 6 months ago I would be compensated for being on-call as a supervisor in training. I accepted the position and negotiated my salary based on this information. That was Ma… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Yesterday i arrived for an interview with a company i worked
Yesterday i arrived for an interview with a company i worked for approximately six years ago, when i was brought in for my interview the man said instead of starting with an interview he would like to… read more
lawyerJ
lawyerJ
Juris Doctorate
145 satisfied customers
An employee was hired for a healthcare salaried position for
An employee was hired for a healthcare salaried position for $60,000 per yr. Salaried position stated employee is expected to work 50 hour work week. Employee took off one day and was paid for 72 hour… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Was reciently in an interview process and was not selected
was reciently in an interview process and was not selected for the job. Feel like I have been discriminated against because of my age/appearance. not sure if I would have a case or how to persue … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am on a guaranteed salary to take care of delivering to
I am on a guaranteed salary to take care of delivering to two customers our company has in the Kansas City area. I am designated as dedicated to these two customers. the number of loads per week vary.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,095 satisfied customers
I did a working interview while on unemployment and claimed
I did a working interview while on unemployment and claimed it and now have to open up a new claim. I'm fearful I will now not receive my benefits … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I live in a Right to Work State and work for a community
I live in a Right to Work State and work for a community college. I do not feel that the faculty association represents me. Is there any chance that I can stop being a member? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Are Salaried employees entitled to any compensation for
Are Salaried employees entitled to any compensation for overtime work … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In a right to work state can you be fired if a fictitious
In a right to work state can you be fired if a fictitious cause is given? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
I interviewed for a job promotion along with other.' I
I interviewed for a job promotion along with other … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x