If the non-competition agreement is invalid, am I liable for tortious interference if the employee breaches it?
Probably not. Most courts agree that, if the non-competition agreement is not enforceable as between the competitor and the employee, then you, the third party, cannot tortiously cause a breach of it. In many cases, but by no means all, courts will not enforce the underlying non-competition agreement. However, this is a risky strategy and leaves you vulnerable to an adverse court decision. Have a qualified employment lawyer review the agreement before you assess whether the agreement is enforceable or not.
Related Questions
- WHAT ARE THE ELEMENTS OF A CLAIM FOR TORTIOUS INTERFERENCE IN THE CONTEXT OF RECRUITING OR HIRING AN EMPLOYEE WITH A RESTRICTIVE COVENANT (e.g., NON-COMPETE, NON-SOLICITATION, OR NON-DISCLOSURE)?
- In what circumstances would the tortious act of an employee not make the employer vicariously liable?
- Can a non-competition agreement be enforced in California?
