Post termination clause

[Ping922]

I am asking this help for a friend who is a small business owner- a former employee of theirs had a post termination clause in their contract which prohibited them for working for a Direct Competitor for 12 months after resigning from the company. Unfortunately this former employee ignored this post termination clause and went to work for a Direct Competitor. My friend contacted the former employee’s new employer and informed them about this post termination clause and that this employee was in breach of their original contract with them. My friend thought the new boss should be aware of this since presumably they did not know about the post termination clause; however the new boss gave a very nasty response.

My friend has asked if they have any legal avenue(s) to take action against this Direct Competitor, as they are still employing the former staff member even after being informed of the post termination clause. Thank you for your help

[atticus]

Your friend's recourse, if any, is against his former employee. That is who your friend had a contract with. He has no contract with the new employer. Further, it appears that the new employer only became aware of the clause after employing this person, so a claim for inducing a breach of contract will not stand up.

This is without considering whether the clause is enforceable.

[Ping922]

Your friend's recourse, if any, is against his former employee. That is who your friend had a contract with. He has no contract with the new employer. Further, it appears that the new employer only became aware of the clause after employing this person, so a claim for inducing a breach of contract will not stand up.

This is without considering whether the clause is enforceable.

Thank you very much for your help. I will pass it to my friend.