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March 10, 2014

Employee Solicitation - Do You Have Any Recourse?

What happens when a former employee solicits your employees to leave, leading to a series of resignations? Do you have any recourse? 
Absolutely, a Quebec court said recently in Maibec Inc. v Martineau where a former employee, Mr. Martineau, was accused of breaching his duty of loyalty and non-solicitation undertaking after he lured away another employee. The former employer sued Mr. Martineau, its former Director of Information Technologies and Communications, for damages caused by the departure of another employee. According to the Quebec court, employers who want to protect their workforce are entitled to have their executives and other employees sign employee non-solicitation clauses. And these may be liberally enforced. Read More...

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