The clause in the Master Services Agreement with our client states:
COMPETITION; OTHER SERVICES: During the term of this Agreement, and any renewals thereof, and for one (1) year after the expiration of the initial and renewal periods, Client agrees that it will not solicit or attempt to hire or retain any employee of Contractor outside of the normal terms of this Master Consulting Services Agreement.
Our employee quit and refused to tell us why, in itself highly unusual. His Linked-in profile continued to show that he worked for us, in itself kind of a clue. Then we received an inadvertent email from said client and we realized what had happened.
The project that this client hired us for was pretty much over; and I believe that they are going to claim that our employee quit first and THEN asked for a job; that's fairly obvious that it's not what happened, but I don't know that we can prove it. However, we lost money (our consultant worked for this client on our behalf, etc. etc.) AND the client signed the contract with the above clause.
Do we have grounds for legal action against the client? This is in California.
COMPETITION; OTHER SERVICES: During the term of this Agreement, and any renewals thereof, and for one (1) year after the expiration of the initial and renewal periods, Client agrees that it will not solicit or attempt to hire or retain any employee of Contractor outside of the normal terms of this Master Consulting Services Agreement.
Our employee quit and refused to tell us why, in itself highly unusual. His Linked-in profile continued to show that he worked for us, in itself kind of a clue. Then we received an inadvertent email from said client and we realized what had happened.
The project that this client hired us for was pretty much over; and I believe that they are going to claim that our employee quit first and THEN asked for a job; that's fairly obvious that it's not what happened, but I don't know that we can prove it. However, we lost money (our consultant worked for this client on our behalf, etc. etc.) AND the client signed the contract with the above clause.
Do we have grounds for legal action against the client? This is in California.
Contract Law: Breach of Contract - Client Hires One of Our Employees
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