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TL;DR It sounds like Tesla's ex-employee broke his non-solicit by soliciting employees he worked with at Tesla. The complaint is clear. This is about more tha
by dsp1234 10y ago
TL;DR It sounds like Tesla's ex-employee broke his non-solicit by soliciting employees he worked with at Tesla.
The complaint is clear. This is about more than non-solicitation, and Anderson was not an ex-employee at the time.
From the complaint:
"Anderson worked to recruit Tesla's engineers, eventually making offers to at least a dozen people — all in direct violation of his contractual non-solicitation obligations and the duty of loyalty that he owed to Tesla as an employee."
This is about breach of duty of loyalty, and interference with contracts.
edit: phrasing
- the_watcher 10y agoWait, is there a legal concept of "duty of loyalty" outside of fiduciary relationships? That's the first I've heard the term in that context. Or did Anderson have a fiduciary relationship with Tesla?
- djrogers 10y agoYes there is. In California it's governed by the Labor Code: Section 2863 states, “An employee who has any business to transact on his own account, similar to that entrusted to him by his employer, shall always give the preference to the business of the employer.” There are other aspects to it as well, but that's the nut.
- the_watcher 10y agoAh, thanks. And yea, the TC piece didn't make it clear to me that the crux of the issue was Anderson's current employment while poaching.