Legal Question in Employment Law in New Jersey
I am an exempt employee and have been suspended for "soliciting employees"; by that, they are claiming that I am promoting and encouraging an employee to take a job with another Company. In reality, on break, we talked through the perks of joining the other Company, but I never signed a No Solicitation contract - is this suspension legal? Can they Terminate? I am in New Jersey.
Asked on 4/20/12, 5:04 pm
1 Answer from Attorneys
John Corbett
Corbett Law Firm LLC
Typically, non-solicitation agreements impose post-employment obligations that would not otherwise exist. During employment, every employee owes the employer a duty of loyalty. That extends to not recruiting for competitors and exists even without any specific agreement.
See also: http://info.corbettlaw.net/lawguru.htm
Answered on 4/21/12, 9:19 am
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