What do I do if a former employee breaks a contract?

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What do I do if a former employee breaks a contract?

I am the co-owner of a character entertainment company. I have a former employee who signed a non-compete agreement valid for the next 5 years and has recently appeared at an event for one of our former customers. What steps do I need to take to address this situation, as the former employee did break the contract. I believe that the following statement which the former employee signed has been violated

Asked on June 23, 2016 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You bring a lawsuit for breach of contract. You would simultaneously seek a court order barring the former employee from doing this and also monetary compensation for the breach, based on what the breach cost you (e.g. if you can show you would have gotten the work if he didn't) or possibly based on the profit he made. Because you are seeking a court order, you can't go to small claims court--you'll need to file in "regular" county court. Because of that, and because seeking a court order is a bit more procedurally complex than suing only for money, you are advised to retain an employment law attorney to help you.


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