Full question:
I believe my ex-wife, following our divorce, conspired and encouraged my son, who worked with me for ten years, to leave the company and take two of my principals. Can I sue for financial damages?
- Category: Contracts
- Date:
- State: National
Answer:
The ability to sue for financial damages depends on whether there was an employment contract with your son that included a non-compete or non-disclosure agreement. Employers sometimes create non-solicitation agreements to prevent one employer from poaching another's employees. Without such contracts, it is generally not illegal for one employer to hire employees from another company.
A court may enforce a non-compete agreement if it is reasonable in terms of time and geographic restrictions, ensuring the employee can still earn a living. These agreements might also include terms that prohibit disclosing confidential information or soliciting other employees. The employment itself is considered sufficient consideration to make the contract enforceable.
If your ex-wife was aware of a non-compete agreement and intentionally interfered with it, she may be liable for damages due to intentional interference with a contract.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.