what action can we take if we hired a employee who broke a non-compete, and were informed after hire

We were informed the first day of his employment of notice sent to him from his previous employer. How can we get out of the contract signed with us and can we be sued for hiring him. Can we fire him without litigation from him?

2 answers  |  asked Aug 11, 2014 2:15 PM [EST]  |  applies to Florida

Unlock Non-Compete Agreements: Keys to Escape

Answers (2)

Arthur Schofield
You can be sued by the former employer, not from your current employee. In most cases the former employer is sues the employee for an injunction (order stopping him from competing) and the new employer, you, is sued for damages. Often the employment is terminated which is apparently what you are contemplating. I recommend that you address this through counsel and not try to do it yourself. Best of luck.

posted by Arthur Schofield  |  Aug 12, 2014 06:05 AM [EST]
Phyllis Towzey
I would need to see the contract between you and your new employee to advise you regarding your specific rights under that agreement, but since the employee did not tell you about the noncompete, likely he would have no recourse against you for terminating his employment. Further, since you hired him without any knowledge about the noncompete, his former employer would not have any basis to hold you liable for tortious interference. If you contact my office and email a copy of your employment contract, I would be happy to advise you further as to how you can best handle this matter, and whether you should contact the former employer.

posted by Phyllis Towzey  |  Aug 11, 2014 2:39 PM [EST]

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