Legal Question in Employment Law in Utah

I asked a former co-worker to advise me if her new place of employment was ever hiring, which she did. I applied, and have recieved a job offer. I attempted to give my notice to my current employer, and they responded by telling me that it would be in violation of our non-compete clause which states you cannot entice a current employee to your place of work for a period of two years. Since I asked them to advise me, would this be considered enticing? I would not be using any of their vendors, and the client group is completely different. Could they really sue? I live in Utah.


Asked on 5/13/12, 7:19 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Since you solicited the job a court would find more likely than not that there was no violation. However, that would not stop your employer from claiming a violation and filing suit against you. If you take the job be aware that you still may be sued - although it appears you have a good defense.

You may want to talk to a lawyer who can review your employment contract in detail.

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Answered on 5/14/12, 9:13 am


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