Legal Question in Legal Ethics in Nevada

former employee tampering

I have a former employee who has since joined a competitors business and now seeks to recruit my remaining employees.Is this legal?


Asked on 4/30/02, 4:15 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: former employee tampering

Unless you have a contract for employment with those workers, they are free to decide for whom they work and when. Nevada is a "right to work" state, meaning an employee can walk from the job for any reason, or no reason at all. If your competitor - even through a former employee of yours - makes them better offers, they have every right to go to the new job.

While we might feel offense at someone leaving the company and then recruiting his former co-workers to come with him, there is nothing in the law to prevent those people making their own decisions about where they work. As crass as it sounds, you can only compete in the free market by offering more compensation, superior benefits, and/or better conditions of employment than your competitor. The conduct of your former worker is not actionable at law, unless he is slandering you or your business to entice your workers to change jobs.

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Answered on 5/01/02, 1:38 pm


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