Q: Can I claim damages for a former employee selling for competitor while employed?
I had a Project Manager/Sales Rep who resigned in December. We have evidence that they accepted a position with a competitor back in August and were promoting and selling our competitor's products to our current customers while still employed by us, receiving benefits and having expenses paid by our company. They switched active proposals to their new employer, using our designs and terms. Although we don't use non-compete agreements, we have copies of proposals and purchase orders made for their new employer under their name while they were still employed by us. This led to active proposals and future business being redirected to their new employer, resulting in actual sales and presumably more in the future. Do we have any claim for damages?
A: You may have a claim for damages under a theory of tortious business interference. To establish a claim for tortious interference with a business relationship in Florida, a plaintiff must demonstrate the existence of a business relationship, the defendant's knowledge of that relationship, intentional and unjustified interference by the defendant, and resultant damage to the plaintiff.
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