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Former employer sends email to pontential employer not to hire me Indiana

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  • Former employer sends email to pontential employer not to hire me Indiana

    I was working for a subcontractor company and decided to part ways so I gave a thirty day notice and I was let go the next morning via email. Weeks later I received an email from an associate who works for the General contractor in the HR department. It was an email that had been sent by my former employer to the general contract company requesting them not to hire me. Is there any legal recourse?!?!?!?!?

  • #2
    Based just on your post, no. Did the e-mail say why they shouldn't hire you?
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      And were you, in fact, hired?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        And it is very very possible that the general contractor and the subcontracting company have a "nonsolicitation"/"nonhire" section to the business contract they have between the two companies. That is, they won't hire away the other company's employees. This is very very common.

        And if they do, it is possible that the email was just reminding them that you had worked for the subcontracting company should you try to apply there. So it may not be as much about you specifically as an agreement between the two companies.

        I have been through this personally with my husband....and it took months for the two companies to come to an agreement so the second company could "hire him away". Even if he had given notice on his own, the 2nd company would not hire him without the consent of his prior employer...because of the contract/agreement that was in place.

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        • #5
          There is not enough information in your post to answer your question. In fact, it is unlikely that you even have all the information that could enable someone to answer your question with any degree of certainty.

          In most cases, you would have no recourse. However, there could be facts that would give rise to a claim of tortious interference with business relationships. In somewhat different cases, actions on a concerted basis to keep employees from moving to a competitor (in the absence of a non-compete or non-solicitation agreement) have even been held to be illegal restraints of trade. There are probably other legal theories that would also apply.

          It's probably a long shot, but if you really want a solid answer, you will need to sit down with an attorney who is familiar with the law in that area and explore the facts in more detail.
          David K. Staub (www.illinoisbusinessattorney.com)
          Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

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