Tortious Interference With Non Compete Agreement

“Tortious” refers neither to the delicious chocolate cakes, nor to the tormented description of this statement that follows. On the contrary, unlawful intervention results from the existence known as `wrongs`, which imposes on the public community due diligence obligations. In the employment context, an employer may bring a sensitive interference action against a competitor who induces a worker to work for him or her in violation of the worker`s competition or confidentiality agreement, by inappropriate means or for inappropriate purposes. Is it legal for a company to hire an employee of its competitor? It may seem ridiculous to some to ask this question. But in a recent appeal decision in Texas, the court did consider whether intrusive interference in the contract was based on Company A hiring an employee of Company B after being defeated. That`s right. I raised issue 1 in What a Litigator Looks For in the Typical Texas Non-Compete. Non-enforcement is the same defence that the employee would make in the event of a violation. If the judge decides that the non-competition clause is not applicable as written, there is no liability in the event of harm to non-competition. [2] The Court of Appeal found that several non-compete applications did not allow Infosys to be considered “deliberately blind” and also found that Acclaim`s arguments regarding questions to the wrong party constituted an inappropriate attempt to negligently impose a level of care on a wrongful intentional act.

A new employer will directly defeat a request for criminal intervention if it demonstrates fair competition. Therefore, as soon as a competitor demonstrates fair competition, a court should not find out whether the new employer had no justification for hiring the worker in violation of anti-competition. If the contract is not concluded after being certified or if the new employer does not demonstrate fair competition, the former employer may be reimbursed for unlawful interference if it demonstrates that the new employer`s interference with the agreement of intent to compete was inappropriate. An employer who hires an employee after the worker has signed a non-competition clause with a competitor may be held liable in the event of intervention of the contract. The elements of the breach of contract are as follows: an opinion of the San Antonio Court of Appeals shows that, in order to assert a claim for unlawful interference with the contract, the applicant does not have to prove a direct threat. Some statements and requests may be sufficient. A salesperson was recruited by a general manager and a sales manager for a company. For the defendant employer, in these cases, the best situation is to avoid as many elements of law as possible. For more information on what a defendant employer can do in these circumstances, consult a lawyer in a few weeks for the next article in our series “How can the new employer protect itself from liability if a worker violates a non-compete clause with a former employer?” or contact a lawyer to discuss the appropriate procedure.

You`ve probably heard this story before. Employees meet with companies….

This entry was posted in Uncategorized. Bookmark the permalink.