5 ms·

>Also, be aware that even if you know it is unenforceable, the nasty letter may scare your next employer I am curious about this part. Why would the next emplo

>Also, be aware that even if you know it is unenforceable, the nasty letter may scare your next employer I am curious about this part. Why would the next employer even care, given that they are not party to any agreement made between the individual and their previous employer?

minimax 12y ago
Maybe the next employer doesn't have a full time lawyer or doesn't think it's worth the hassle. Or they don't want to hire someone who is going to have to quit in a month because they decide the contract is enforceable. For what it's worth, I have seen it play out in the exact opposite way. I was working at a company that took great pride in having the best engineering talent and also happened to have a very good (very expensive) in-house counsel. We hired a crop of engineers away from another company and subsequently got a nastygram from the previous company about hiring the guys. If anything, it convinced the management that they made the right decision to hire the guys, and they put the in-house counsel to work shredding the previous company's legal arguments. It was pretty fun to watch.
indymike 12y ago
Interfering with a contract is a tort. If my company hires you, and you have a non-compete, the previous employer can sue my company. It doesn't matter if the contract is legal or not, my company will have to pony up to defend the lawsuit. http://www.legalmatch.com/law-library/article/wrongful-or-tortious-interference-with-contracts.html http://www.legalmatch.com/law-library/article/wrongful-or-to...
- Silhouette 12y ago
  Although in that case, if the NCA was unenforceable, a lawyer might also have fun reversing that principle and claiming tortious interference with the business relationship between the employee and the new employer/prospective employer by the former employer...

5 ms·

>Also, be aware that even if you know it is unenforceable, the nasty letter may scare your next employer I am curious about this part. Why would the next emplo

by andyjdavis 12y ago

minimax 12y ago
Maybe the next employer doesn't have a full time lawyer or doesn't think it's worth the hassle. Or they don't want to hire someone who is going to have to quit in a month because they decide the contract is enforceable. For what it's worth, I have seen it play out in the exact opposite way. I was working at a company that took great pride in having the best engineering talent and also happened to have a very good (very expensive) in-house counsel. We hired a crop of engineers away from another company and subsequently got a nastygram from the previous company about hiring the guys. If anything, it convinced the management that they made the right decision to hire the guys, and they put the in-house counsel to work shredding the previous company's legal arguments. It was pretty fun to watch.
indymike 12y ago
Interfering with a contract is a tort. If my company hires you, and you have a non-compete, the previous employer can sue my company. It doesn't matter if the contract is legal or not, my company will have to pony up to defend the lawsuit. http://www.legalmatch.com/law-library/article/wrongful-or-tortious-interference-with-contracts.html http://www.legalmatch.com/law-library/article/wrongful-or-to...
- Silhouette 12y ago
  Although in that case, if the NCA was unenforceable, a lawyer might also have fun reversing that principle and claiming tortious interference with the business relationship between the employee and the new employer/prospective employer by the former employer...