Legal Question in Civil Litigation in California

Changing Jobs

If I interview for a job with a potential employer and my current employer finds out and threatens the firm I am applying to with an unfair business practices law suit if they hire me, thus causing that firm to decline making me an offer of employment what recourse do I have?


Asked on 8/28/01, 6:18 pm

2 Answers from Attorneys

Re: Changing Jobs

Very interesting question. Are you under a contract with your current employer and does the potential new employer know about the relationship? Have they attempted to lure you away from your current employer or have you sought out the potential employer?

There are several legal issues involved. On the one hand raiding your competitors for their employees potentially is an unfair business practice. However, you are not a slave to your current employer. You can switch jobs without your current employer interfering. You CANNOT use confidential information from your current employer when working for a new employer.

However, without other information, your current employer's actions threatening a lawsuit if the potential employer hires you may be actionable as interference with prospective economic advantage.

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Answered on 9/17/01, 1:16 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Changing Jobs

You have recourse only if the current employer makes slanderous, libelous, untrue statements about you. You also have a right to seek any employment you like, since employment in California is at will, and they can't interfere with that without subjecting themselves to a potential "interference with contract" lawsuit.

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Answered on 9/17/01, 2:21 pm


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