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Can a current employer contact my future employer?

Duluth, GA |

I currently am under a contract with am employer and the contract stares as followed " employee must give a 60 day notice prior to the end of this agreement or the agreement will review automatically". I gave my employer a 2 weeks notice and he is threatening on contacting my new employer ad well as peruse financial damages, however i did not disclose who my new employer is. Is he legal for him to contact my new employer without my consent? How can he find out who my employer is, and how can I defend myself?

Attorney Answers 3

Posted

No one needs your consent to have a conversation, and your former employer is free to give his opinion about you the same as anyone else can do so. There are no special rules that restrict employers' ability to communicate (with few exceptions not raised here).

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Asker

Posted

Hello Scott. I understand and perhaps my current employer is aggravate since i only gave him a 2 weeks notice. However since I have not disclosed my future employer is there a way he can find out where i will be working? By the way, what are the exceptions? I went in good faith and honest and informed him of my two weeks notice.

Posted

He can contact your new employer, but if he defames you or interferes with your employment he is exposing himself to being sued by you for defamation or tortuous interference with a business relationship. Tell him you provided 2 weeks notice, the provision you mention deals more with the renewal terms than termination. In addition, unless prvided elsewhere, this provision does not create a non-competition agreement.

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Posted

Thank you Scott. Is there a way my current employer can find out who my new employer is? Is there some sort of public records where current employers can find out who future employers are? Also can he sue me for breach of contract?

Scott P. Batey

Scott P. Batey

Posted

It would be difficult for him to find out who your new employer, but not impossible. Although there are no centrally located databases I'm aware of, with legwork and ingenuity, I'm sure he could find out. He could theorectically sue you for breach of contract, but I think you have some defenses and he really doesn't have any damages, unless you are irreplaceable,

Asker

Posted

Its funny when you say irreplaceable. He makes it sound like i am work 1 million dollars which in fact I am just a simple employe managing some project. The fact is that in good faith i did tell him that i received a better offer and in the field that I like to be which i went to school for. He is offering me to dismiss my contractual obligation if i say with the company another 3 weeks, however I do have to start work with the other company before that, I am not sure which rout to take.

Posted

Does your former employer have a valid reason to contact your employer? Georgia law provides compensation for intentional interference with employment. You will need to consult with an attorney knowledgeable about these claims.

I am providing general information on the law only, and no attorney-client relationship exists by virtue of this exchange. You can not rely upon this as formal legal advice. If you require specific legal advice, you must hire an attorney and then your communications will be protected by attorney-client privilege, and you will have the benefit of an opinion of counsel. Call 770-753-9995 for a free evaluation.

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