July 2013

Imagine getting a call from your Project Manager telling you that your competitor was just at the worksite offering your workers jobs at a higher rate with better benefits.  Two of them walked off the job.  What rights do you have?

First, if the competitor’s agent was on a secured site, then the police should have been alerted to the trespassing.

Second, have your key employees signed a non-competition agreement that restricts them from working for your competitors for a certain period of time and within a specific geographical location?  Enforcement of a non-competition agreement can be brought against not only your former employee but also your competitor where the employee now works.

Third if the competitor’s agent interfered with the relationship between  you and your prime contractor, caused you to miss a deadline or interfered with your suppliers or labor pool, then legal action could be taken.

To learn more or to discuss whether you should have your employees sign non-competition or other restrictive agreements, please feel free to contact Laura Rubenstein at  (410) 209-6433 or  lrubenstein@offitkurman.com.

Laura L. Rubenstein is a management-side employment attorney at Offit Kurman, 300 East Lombard Street, Suite 2010, Baltimore, MD  21202, www.offitkurman.com.


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