Posted August 15, 2017 with Tags Joel O'Malley, Katie Connolly, non-compete law, tortious interference claim
The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim
The Scenario: Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons why the non-compete is unenforceable. You acknowledge there is some risk in hiring Jane, though, including that her current employer may sue Jane for breaching the contract and your company for interfering with her contract—a tortious interference claim. So, now what? Setting aside Jane and her own legal risks, what specific steps should you take to set up your best defense to a claim that your company interfered with Jane’s contract?