Can a

UPDATED: Oct 1, 2022

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I have been working for a real estate company, as their office manager, for nearly 8 years. Last year, my boss and a partner formed a company and started planning to create this amazing new real estate venture that would be available for real estate agents throughout the U.S. After several months, the partner determined that he didn’t like working with my boss, and they mutually parted ways, but not without exactly happily. I recently found out that my boss had

made his former partner sign a

Asked on February 5, 2018 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are hired by someone who signed a "no hire" clause regarding you (or other employees), that person--not you, but the person hiring you, since he/she signed the contract--could be sued by your current employer. Such a lawsuit could be not just for monetary compensation ("damages") but also to enforce the terms of the contract--that is, for a court order forcing him or her to fire you and not employ you until the 2 years are up. That person is bound by the contract he or she signed, since "no hire" clauses are legal and enforceable; therefore, while action may not be taken against you directly, they could be sued for hiring you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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