Q: What contract would protect me from being sued if an employee is unintentionally hired but works for the people I serve
I was recently sued for soliciting employees, which was incorrect, but regardless. I am a staffing agency that assists surrounding facilities with staff. Their staff came to me and were dishonest about working for them, so I hired them but was later sued for soliciting their employees. How can I prevent this from happening again?
A: Greetings. It appears you want to protect your business from allegations of poaching. To avoid such disputes, businesses institute employment verification protocols. These range from the simple (calling all prior employers on a resume or employment application) to the complex (hiring an outside vendor to conduct the verification). In the end, however, even these protocols do not entirely prevent a competing business from suing. And when the matter involves high stakes, the accused businesses will even crossclaim the employee for failing to disclose the conflict. It is best to retain an attorney as outside general counsel who can anticipate these issues and discuss matters with you and any competing businesses before litigation arises. Contact a good New York attorney when you get a chance.
A: You have it in reverse. Unless there is a contract preventing solicitation by you, you can solicit. It may be the employee that has a contract that prevents solicitation. You should win the case.
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