If I work for a home health agency and got taken off a client now the family wants to hire me straight out, can I get sued by the agency?

Asked on August 31, 2015 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The agency should only be able to sue you if you had signed some agreement, such as a non-competition or non-solicitation agreement--which barred you from competing with them or going to work for a client/customer. In the absence of such an agreement, there are generally no restrictions on competition in our employment at will, free market society and legal system. About the only thing you can't do is use proprietary or confidential employer information to find and "poach" ccustomers, but that would not apply if the family broached or brought up the idea to you.


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