I read an interesting article on HR website, HR.BLR.com about a case that involved an employer hiring two employees who had signed non-compete clauses at their previous jobs. I’ve handled tons of cases involving non-competes, from both the employer and employee side, yet many businesses do not think about non-competes during the hiring process.

However, this can cause a business an unnecessary and costly lawsuit if it is carelessly overlooked. The case mentioned in the article was reinstated by the 11th Circuit because it agreed that if an employer hires an employee knowing that they signed a non-compete at their previous job that would not allow them to work for the new company, then that new employer is committing a tortious act.

It is extremely important for employers to learn about a possible non-compete before hiring a new employee, rather than later. What used to be a rare occurrence, is now very common in Florida.

To read the full article, click here.