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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38913
Experience:  Retired (mostly)
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I am being sued by a former employer from 6 years ago. I started

Customer Question

I am being sued by a former employer from 6 years ago. I started a company with a former colleague from the same company. She continued to work at this company up until March of this year - I left that company in 2009. During the time of her employment in a different sales territory - she built up a major part of the business which brought in a lot of revenue to the company - she contacted me (living in a different territory) to start a company with her. She had said that she had grown the business for her company and that we should do something together - so we started our own company officially in May 2014. After several months of preparing and getting ready - her actions became unethical to me and I severed the relationship and told her we needed to dissolve the company. We had no sales. We both went our separate ways and I started my own company in NE Pa and she started again with her sister in the same SE PA territory..while still working for the same company she built the business for. She approached the same companies and managed to take away the business from her employer for her own company.
My question is - The employer that we had worked for is not only going after her - but also going after me, even though I haven't worked there for 6 years. They are suing me for unlawful conduct to schemem them of its business relationships and conspiracy to deprive them of their business. I think they are going after me only to waste my time and money as they are threatned by my company. I am thinking that a judge would throw the portion pertaining to me out as I am not involved with her anymore and that is the company that is taking away business from them. I can't imagine how they really have anything on me.
What do you think?
Submitted: 2 years ago.
Category: Employment Law
Expert:  socrateaser replied 2 years ago.
Hello, Under Pennsylvania law, the tort of contractual interference is subject to a two-year statute. 42 Pa.C.S.A. 5524; Eagan v. U.S. Expansion Bolt Co., 322 Pa.Super. 396, 469 A.2d 680 (1983); Bednar v. Marino, 435 Pa.Super. 417, 646 A.2d 573 (1994). Unless the former employer can show that you have engaged in conduct during the last two years that was intended to interfere with the former employer's business interests (in a malcious manner, and not as fair competition), then you can move to dismiss (aka demurrer) for failure to state a claim for which relief may be granted. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!
Expert:  socrateaser replied 2 years ago.
Hello again,
I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?
If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.
Thanks again for using!