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  1. #1
    Join Date
    Mar 2017
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    4

    Default New Hire is Asking Other Employees to Go Work Elsewhere

    My question involves labor and employment law for the state of: Georgia

    We do not have a non-solicitation agreement in place. Hired a new warehouse employee 3 weeks ago. He came from a temp job elsewhere with higher pay, but apparently it was a seasonal job. Now I have heard from other employees that he asked other employees to go and work at his previous seasonal job in a few months when their season starts and pay is better. Is that grounds for dismissal?

    Are non-solicitation agreements enforceable if we put one in place for new hires?

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: New Hire is Asking Other Employees to Go Work Elsewhere

    Given that legal grounds for dismissal can be anything from no grounds at all to embezzlement, and pretty much anything in between, then yes, you certainly do have grounds for dismissal in this case. And no you don't need a non-sol agreement in place. Google "at-will employment" for complete details about grounds for dismissal.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: New Hire is Asking Other Employees to Go Work Elsewhere

    Quote Quoting mike.mikel
    View Post
    My question involves labor and employment law for the state of: Georgia

    We do not have a non-solicitation agreement in place. Hired a new warehouse employee 3 weeks ago. He came from a temp job elsewhere with higher pay, but apparently it was a seasonal job. Now I have heard from other employees that he asked other employees to go and work at his previous seasonal job in a few months when their season starts and pay is better. Is that grounds for dismissal?
    Of course it is. In fact, you can fire him for any reason or no reason and I suggest you do it quickly.

    Quote Quoting mike.mikel
    View Post

    Are non-solicitation agreements enforceable if we put one in place for new hires?
    Yes.

    But get your company's attorney to advise you further and draft the policy and the agreement.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: New Hire is Asking Other Employees to Go Work Elsewhere

    Mike, you are in an at-will state. You do not need "grounds" for dismissal. You can fire an employee because the day of the week ends in Y.

    However, I question whether or not that is going to solve your problem. I'm not saying don't fire him; not by a long shot. But dismissed employees can solicit your employees, too. Seen it happen.

    Where did you hire this guy from? Please tell me you got him from an agency.

  5. #5
    Join Date
    Mar 2017
    Posts
    4

    Default Re: New Hire is Asking Other Employees to Go Work Elsewhere

    Not from temp agency. Referred to us by another employee and he was out of work when hired. I am not worried about the employee he approached to take elsewhere as he has been with us for over 14 years and comfortable here. Thanks for the replies.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: New Hire is Asking Other Employees to Go Work Elsewhere

    If he had been through an agency you could have dealt with the solicitation through them. Since he isn't, I would recommend talking to an attorney about non-solicitation agreements.

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