Many employers include language in their employment contracts to prevent employees from taking customers or coworkers should they leave the company. These terms are known as non-solicitation clauses. However, disputes often arise around these types of agreements, requiring legal counsel for the employer and employee involved.
If your employee has breached your contract terms, or if you have been accused of such by your former employer, contact a lawyer who handles non-solicitation disputes in Atlanta. At Sparks Law, a skilled attorney can inform you of your rights and advocate on your behalf throughout the legal proceedings.
In a non-solicitation dispute between an employer and employee, both sides will argue their side of it. The employer will argue that solicitation occurred, and that the employee breached their non-solicitation agreement. An employee is going to argue that either a solicitation did not happen or that it was not in violation of the non-solicitation agreement.
The dispute largely depends on what constitutes a solicitation according to the terms of the contract. Many factors go into negotiating a non-solicitation dispute, including:
A typical outcome to these types of disputes is that both sides will come to a settlement agreement and move on. Our skilled attorneys could help a client negotiate a favorable outcome to their non-solicitation dispute.
From a legal standpoint, an injunction forces somebody to take an action. An employer may file an injunction to stop a former employee from continuing to solicit customers or other employees in breach of a non-solicitation contract. A local non-solicitation attorney at Sparks Law could help an employer seek an injunction from the court of equity to stop a former employee from harming their business.
To get an injunction, the employer must prove that there will be irreparable harm to their business if these actions continue. This is a high bar, but our non-solicitation lawyers are skilled at making the case for irreparable harm on behalf of employers.
If the employer and their attorney can prove that irreparable damage is about to occur, the judge may restrain the former employee from taking that action until the case comes to a conclusion. An injunction is a way of taking immediate action while a court case, which could take months or even years to conclude, is pending.
Occasionally, our legal team may advise an employer on suing the competing business for tortious interference of business relations. If we can prove that the competitor is paying our client’s former employee to solicit the company’s best employees or customers, this may rise to the level of tortious interference. However, this is a difficult argument to make, so it is best to consult our knowledgeable attorneys on whether this is an advisable strategy for a specific non-solicitation dispute.
When defending an employee in a non-solicitation dispute, our Atlanta attorneys typically gather evidence to show that solicitation did not occur or that our client’s behavior did not violate the terms of the contract. We could also argue that the agreement was not signed or that there was no consideration, making the contract invalid.
In Georgia, it is important to note that continued employment is sufficient consideration for an employer to create a new contract. An employer does not need to offer any bonuses or additional money to require a new contract for an employee to remain employed. The knowledgeable attorneys at our firm could further explain this concept and how it may affect a non-solicitation dispute.
Our attorney can use several different tactics when dealing with a non-solicitation dispute, depending on who we are representing. If we are representing the employer, our experienced lawyers might go to the court and immediately file an injunction or send a cease-and-desist letter to the employee. When representing an employee, we can fight the employer’s allegations of solicitation and use various arguments to show that a breach did not occur.
If you are dealing with a non-solicitation dispute in Atlanta, reach out to the legal team at Sparks Law for dedicated representation. Give us a call today to discuss your situation with a skilled attorney.
