I have a large client that I provide investigation services to. My sub contractors have signed a con compete agreement which prevents them from working for this client only. They are free to work in the same field just not with the same client. My subs have been trained specifically for this very skill specific position at great time and expense to me. None of them had ANY previous experience or training in my area of expertise. Could I sue the client if they tried to hire them based on an inducement to breach the non compete agreement? Am I protected in any other ways?
Maybe. It depends on the situation and the wording of your contract, among other things. Have your papers reviewed by a lawyer.
Possibly. Non-competes are usually looked at in terms of time and geographical restrictions. This APPEARS to not necessarily violate any concept since it is limited to one specific customer. If your client knows of the restriction, they should honor it and if they don't you may have a claim against them for interference with a contract. You also probably have a claim against yoiur subs for violating the contract.
You really need to have your agreements reviewed by a local attorney. Check Avvo for a local employment, contracts or possibly construciton attorney.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law as a free informational service only. Without thoroughly reviewing your case neither I nor any other attorney can give you a complete answer upon which you could or should rely. Your reading of this or any of my answers does not create an attorney client relationship between us. Legal cases are often very fact specific and need a qualified attorney to properly review ALL of your materials and fully discuss your case with you before you decide the right course of action to take. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
You may be able to sue both the client and the subs, but this will depend upon the wording of the contracts you have with each of them. In order to determine your rights, you would need a lawyer to review the contracts and give you an opinion.
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