What to do if my previous employer sent me a notice that I’m influencing its employees to join my new employer so they will take action against me to seek damages?

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What to do if my previous employer sent me a notice that I’m influencing its employees to join my new employer so they will take action against me to seek damages?

After my joining my new employer, 2 more employees from my previous employer joined my firm but I have nothing to do with that. I haven’t referred them to my company. It’s just that my previous employer is in the bodyshopping business and the employees are fed up so they are leaving the company. So what are the options for me?

Asked on October 28, 2012 under Employment Labor Law, New Jersey

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

New Jersey is an at-will employment state which means that the employees of your former employer can leave at any time for any reason-- unless there is some employment contract that says otherwise.  Your employer's notice, as such, is really just a threat.  That doesn't mean, however, that they won't file a frivolous suit against you-- because certainly tons are filed every year.  Until they do file suit, you don't need to take any formal action.  In the event they do decide to file, you can see if the two employees would be willing to give you statements now about why they decided to leave the former employer (i.e. because the former employer treats people like dirt, etc.)  If you can get them if affidavit form, that would be even better.  If you are served with a suit, you would then have the information immediately at hand that negated their claims. 

If you are really uncomfortable with the threat letter, take it to an attorney and let them draft you a formal response essentially laying out what you have in stated in your question and that if they did decide to move forward that you would seek payment of attorney's fees for the filing of an unsubstantiated claim. 


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