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Can my company sue me for "poaching it's employees?"
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02-28-2021, 09:32 AM
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#1
- Devin459
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- Devin459
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Can my company sue me for "poaching it's employees?"
I'm one week away from quitting in an amazing fashion. 9 years and 4 months at the company. At my peak, I made 186k a year. Last year I made 96k, while performing the exact same work.
I've recently accepted a job from an up and coming competitor and plan on taking 4 of our top employees with me, all at the same time and with zero notice.
Losing me alone would not be enough to completely bury my company and it's douchebag leadership (albeit quite a hard kick in the nuts), but losing the 4 of us within a 1 month period could/would most likely lead to a meltdown and a loss of two of its highest revenue clients.
My company wad also just awarded a bid, that was completely and solely reliant on myself and one other employee staying at our current company to perform the work. Nobody else currently employed at our company would be able to perform that work.
I didn't want it to come to this, and the details to what led to this are far too much to type at the moment.
My biggest concern and question is. What kind of legal ramifications, if any, can come from doing this?
I've recently accepted a job from an up and coming competitor and plan on taking 4 of our top employees with me, all at the same time and with zero notice.
Losing me alone would not be enough to completely bury my company and it's douchebag leadership (albeit quite a hard kick in the nuts), but losing the 4 of us within a 1 month period could/would most likely lead to a meltdown and a loss of two of its highest revenue clients.
My company wad also just awarded a bid, that was completely and solely reliant on myself and one other employee staying at our current company to perform the work. Nobody else currently employed at our company would be able to perform that work.
I didn't want it to come to this, and the details to what led to this are far too much to type at the moment.
My biggest concern and question is. What kind of legal ramifications, if any, can come from doing this?
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02-28-2021, 09:34 AM
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#2
- jtaylor2010
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Other than coming here and negging you I don’t think there’s much they can do.
02-28-2021, 09:43 AM
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#3
- TomWanks
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- TomWanks
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There’s probably going to be an attempt to butt phuck you in all honesty just based on what you’ve typed. Do they know that all of you are going to be at the same company? Did you sign NDAs? No Compete orders?
Unless they can demonstrate that you personally orchestrated the exit, it seems more likely that they would go after your new company than anything.
And it sounds like those *******s made the choice already to hire all of you and probably have their own legal team which will counter butt phuck your current company and are confident they will win.
I’ve personally seen similar things happen. Hope you didn’t have any conversations about this on company resources because they will definitely check, but unless you were absolutely hamfisted about this, you’ll probably get away with it.
This is not legal advice brah.
Unless they can demonstrate that you personally orchestrated the exit, it seems more likely that they would go after your new company than anything.
And it sounds like those *******s made the choice already to hire all of you and probably have their own legal team which will counter butt phuck your current company and are confident they will win.
I’ve personally seen similar things happen. Hope you didn’t have any conversations about this on company resources because they will definitely check, but unless you were absolutely hamfisted about this, you’ll probably get away with it.
This is not legal advice brah.
02-28-2021, 09:51 AM
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#4
- Lefticle
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- Lefticle
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Originally Posted By jtaylor2010⏩
This.Other than coming here and negging you I don’t think there’s much they can do.
BTW I hate when companies start paying you less for doing the same or more work. In 2020, I worked way more and sold 130% of that I did in 2019. Ended up making like $15k less. Pisses me the fuk off. Same with 2 other sales reps.
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02-28-2021, 09:59 AM
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#5
02-28-2021, 10:22 AM
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#6
- Muscle2021
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- Muscle2021
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Does your work contract say anything about that? If it doesn't I think you're good
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02-28-2021, 10:24 AM
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#7
- redraider86
- Christina Hansen
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- redraider86
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Yes. I'd be surprised if you have an employment contract (you're probably at-will) but you likely had to sign some sort of offer letter that talks about this. You should find that and take a look and think about seeking counsel.
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02-28-2021, 10:28 AM
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#8
- taf1968
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- taf1968
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Originally Posted By Muscle2021⏩
This. Is there any kind of no-compete clause in your employment agreement? Even then, I think it depends on the state you're in and the laws there, but those can make things sticky when it comes to soliciting other employees and especially clients. They may be able to make more trouble for you than you think.Does your work contract say anything about that? If it doesn't I think you're good
Good luck, though.
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02-28-2021, 10:53 AM
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#9
02-28-2021, 11:00 AM
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#10
- Wh1teDyn0mite
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- Wh1teDyn0mite
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Did you sign a governance?
Its not uncommon in my line of field, for a standard contract to include a governance that you cannot work in the same field for 6 months.
Its not uncommon in my line of field, for a standard contract to include a governance that you cannot work in the same field for 6 months.
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02-28-2021, 11:03 AM
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#11
- rectifryer
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- rectifryer
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Originally Posted By Wh1teDyn0mite⏩
LMAO location: britainDid you sign a governance?
Its not uncommon in my line of field, for a standard contract to include a governance that you cannot work in the same field for 6 months.
Its not uncommon in my line of field, for a standard contract to include a governance that you cannot work in the same field for 6 months.
jesus fuk that's the most corporate cok suckking thing I've heard in years and this has been a hot year.
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02-28-2021, 11:06 AM
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#12
- Olympia2018
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- Olympia2018
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OP did you sign a non compete disclosure? If so then you will be brutally rap3d in court.
Here’s a story
Worked for a company
Company got new ceo and 60% of people quit
40% of those jumped onto another company similar
CEO took every single one of them to court costing them anywhere from 20,000$-300,000$ in legal fees and also ruining his business.
You WILL get sued for it even with a non compete, if it effects the business and you recruited employers I promise you a judge won’t be happy and your lawyer gonna have a hard time defending this
Also your now new employer will Absolutely get rid of you after they hire Other employees if not when they find out your previous employee is seeking ramifications.
I’ve watched it time after time after time,
You will not win and I would highly suggest you do not bring those workers with you and peacefully leave if you so choose
Also again, you’re still not protected just going yourself if you signed a non compete disclosure, and asking your HR for it you will be put on radar as that’s what they’re trained to inform the CEO/company lawyers with
Here’s a story
Worked for a company
Company got new ceo and 60% of people quit
40% of those jumped onto another company similar
CEO took every single one of them to court costing them anywhere from 20,000$-300,000$ in legal fees and also ruining his business.
You WILL get sued for it even with a non compete, if it effects the business and you recruited employers I promise you a judge won’t be happy and your lawyer gonna have a hard time defending this
Also your now new employer will Absolutely get rid of you after they hire Other employees if not when they find out your previous employee is seeking ramifications.
I’ve watched it time after time after time,
You will not win and I would highly suggest you do not bring those workers with you and peacefully leave if you so choose
Also again, you’re still not protected just going yourself if you signed a non compete disclosure, and asking your HR for it you will be put on radar as that’s what they’re trained to inform the CEO/company lawyers with
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02-28-2021, 11:16 AM
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#13
- CremeFraicheBro
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- CremeFraicheBro
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Obligatory, I’m an attorney but not your attorney and the following should not be construed as legal advice nor forming an attorney-client relationship.
Hypothetically the companycouldsue you for any number of reasons just to make your life difficult. If they will or if they would pan out is a whole other question.
However, unless you have an agreement like a non-compete or an agreement not to solicit current employees you’re probably fine. The best course of action would be to consult local council or the company’s council your moving to, because if they’re complicit in you doing this and violating some agreements it could bite that company in the azz too.
The bigger issue that usually comes up is using the resources of the previous company like customer lists, etc. Which could land you in trouble so probably shouldn’t do that.
Most likely scenario: they’ll bitch and moan but you’re probably in a right to work area, not under contract, and they cant force anybody to remain with them. Nobody has to say where they’re going so tough chit for them.
Hypothetically the companycouldsue you for any number of reasons just to make your life difficult. If they will or if they would pan out is a whole other question.
However, unless you have an agreement like a non-compete or an agreement not to solicit current employees you’re probably fine. The best course of action would be to consult local council or the company’s council your moving to, because if they’re complicit in you doing this and violating some agreements it could bite that company in the azz too.
The bigger issue that usually comes up is using the resources of the previous company like customer lists, etc. Which could land you in trouble so probably shouldn’t do that.
Most likely scenario: they’ll bitch and moan but you’re probably in a right to work area, not under contract, and they cant force anybody to remain with them. Nobody has to say where they’re going so tough chit for them.
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02-28-2021, 11:36 AM
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#14
- Olympia2018
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- Olympia2018
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Originally Posted By CremeFraicheBro⏩
ThisObligatory, I’m an attorney but not your attorney and the following should not be construed as legal advice nor forming an attorney-client relationship.
Hypothetically the companycouldsue you for any number of reasons just to make your life difficult. If they will or if they would pan out is a whole other question.
However, unless you have an agreement like a non-compete or an agreement not to solicit current employees you’re probably fine. The best course of action would be to consult local council or the company’s council your moving to, because if they’re complicit in you doing this and violating some agreements it could bite that company in the azz too.
The bigger issue that usually comes up is using the resources of the previous company like customer lists, etc. Which could land you in trouble so probably shouldn’t do that.
Most likely scenario: they’ll bitch and moan but you’re probably in a right to work area, not under contract, and they cant force anybody to remain with them. Nobody has to say where they’re going so tough chit for them.
Hypothetically the companycouldsue you for any number of reasons just to make your life difficult. If they will or if they would pan out is a whole other question.
However, unless you have an agreement like a non-compete or an agreement not to solicit current employees you’re probably fine. The best course of action would be to consult local council or the company’s council your moving to, because if they’re complicit in you doing this and violating some agreements it could bite that company in the azz too.
The bigger issue that usually comes up is using the resources of the previous company like customer lists, etc. Which could land you in trouble so probably shouldn’t do that.
Most likely scenario: they’ll bitch and moan but you’re probably in a right to work area, not under contract, and they cant force anybody to remain with them. Nobody has to say where they’re going so tough chit for them.
Mine is all opinion based too but
I’m my opinion if company decides to go after which they most likely will losing employees in a big company if they’re forking out 100,000$ yearly to them
Best case scenario OP gets sued for 10,000$ n gets to keep his new job with fellow employees he Pouched
Worst case he gets sued for god knows how much, they could go as steep as what the company lost on each employees value to the company and loses his new job and now has a bad record for recruiting
I had one guy leave the country who was our old director who left our company, started his own down the block and took a handful of top employees. Also that ceo ended up taking over his business and shutting it down too lol
Eating "clean" doesn't mean eating "healthy"
Eating "healthy" doesn't mean=muscle mass-Olympia2018
Yeah Baby! Yeah!!!-800 pound deadlift
At weddings all the old ppl say "you're next". At funeral's I tell them "you're next"
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