IS RAIDING A COMPETITOR’S EMPLOYEE(S) ACTIONABLE IN NJ

By Fredrick P. Niemann, Esq. a NJ Employment Law Attorney

Can you recruit that co-worker or a key employee of a competitor in New Jersey?  The answer is tricky and very fact and business specific.  Employers need be cautious and take a good look at how they have treated their employee because a court may refuse to grant the employer relief where the employer has treated the employee unfairly.

Generally, a former employee can solicit their former co-workers, and any competitor can recruit your employees, as long as he or she does not cause the co-workers to breach an employment contract or cause excessive harm when multiple employees resign en masse.  In a reported NJ case, a competitor was found to have tortiously interfered with a target company’s economic advantage where the competitor hired all of the target company’s sales force who were employed as door-to-door salespeople. The competitor had secretly targeted the company’s district manager who in turn solicited his salespeople while the district manager was still employed by the target company.  The court found that this deception combined with the “planned campaign of mass recruiting” constituted malicious interference which entitled the target company to relief.

Contact me personally today to discuss your New Jersey employment matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com/.

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