Can an Employer Sue an Employee

If y'all are a modest business concern owner suing an employee or former employee, you lot may accept struggled to discover good advice on how to go about it.

There are plenty of people who advocate for employees' rights.

We oft hear well-nigh issues relating to fair wages, discrimination, harassment, working weather condition, etc. And there is plenty of communication out there for employees who want to sue their employers.

But employers suing employees? You may have to look harder to discover the answers you need.

That's where BrewerLong comes in. We are a total-service business organization police force firm in Orlando, Florida. Nosotros can help you with every aspect of your business organization, including suing an employee who is hurting it.

"Businesses put a not bad deal of faith in their employees. In situations where an employee harms the business organization, at that place might be practiced reason to sue the employee for amercement to the business."

Employment Attorney Michael Long

So let's talk about a few of the means you may be able to defend your business organisation.

Breach of Contract

Florida is an at-will employment state, so for the most office, your employees have no contractual obligation to you.

However, in that location are some situations where you may enter into a written contract with an employee. This is particularly common with more highly qualified employees who are more essential to your business or who may be privy to merchandise secrets.

So can an employer sue an employee for breach of contract? Yes. If your employee breaches a contract with you, it can cause your visitor to suffer financial loss. When this happens, you have the correct to sue.

The post-obit are several types of contracts that y'all might demand to enforce against an employee.

Non-Disclosure Agreements

Employees may accept access to lots of proprietary information that y'all would not want to share with a competitor. Non-disclosure agreements, also known as confidentiality agreements, protect your trade secrets and other confidential information.

Under Florida law, not-disclosure agreements are enforceable when they reasonably protect a legitimate business involvement. You lot may have a non-disclosure understanding aimed at protecting things like:

  • Marketing strategies;
  • Product prototypes and visitor research; or
  • Client or client details.

If an employee breaches a non-disclosure understanding, information technology can take devastating consequences for your company. By suing an employee for breach of a non-disclosure agreement, you lot should be able to get a court order preventing further disclosures.

You lot may also exist able to recover monetary damages if your business concern suffered losses as a result of the employee's actions.

Not-Compete Agreements

Not-compete agreements limit an employee'south ability to piece of work in a competitive business within a certain time later leaving your company.

They serve many of the same interests as non-disclosure agreements, equally they prevent employees from taking your merchandise secrets or your client contacts to another concern. Further, they may assistance you retain employees that you have invested in.

The legal requirements of non-compete agreements are similar to non-disclosure agreements in that they must be aimed at protecting a legitimate business interest. They likewise must be express in duration and scope.

This means that you tin only restrict the employee from working for a competitor for a limited corporeality of time later they get out you. Further, the restriction should exist limited to the geographic area where you behave business organization.

If an employee breaches a not-compete, you tin ask for a court social club precluding them from working in violation of the agreement.

Non-Solicitation Agreements

Non-solicitation agreements are another form of non-compete agreement. You can utilize them to forbid employees from trying to steal your clients and customers. This blazon of agreement may also restrain an employee from trying to induce your other employees to work somewhere else.

Once once again, Florida police force requires these agreements to serve a legitimate concern involvement, and they must exist limited in telescopic and duration.

If an employee breaches a non-solicitation agreement, a court can lodge them to stop communicating with the people they are wrongfully trying to solicit.

Employment Agreement

Most of the time, there is no formal contract betwixt employers and employees. Employment is "at will," and either the employer or the employee can end the employment relationship at any fourth dimension.

However, there are some circumstances where you may elect to enter into an employment agreement. For example, if you have an employee with a rare talent that is valuable to you lot, you may desire to offering them additional employment security.

Employment agreements may include terms such as:

  • How the employee will exist paid;
  • How long the employment contract volition last;
  • Reasons the employee may be terminated;
  • Notice the employee may be required to give before quitting; and
  • The employee'south responsibilities.

Employment agreements also may incorporate non-disclosure, non-compete, or non-solicitation clauses.

If your employee has breached an employment contract—for case, past failing to fulfill their employment responsibilities—you lot may exist able to sue for whatsoever financial loss resulting from the breach.

Theft or Devastation of Company Property

If an employee steals or destroys your visitor belongings, you lot tin can sue them for conversion. Conversion is a civil claim based on someone wrongfully depriving another of their property. Damages for conversion are based on the off-white marketplace value of the property taken or destroyed.

Your employee could too confront criminal penalties if you choose to press charges for the theft. In this example, a court may order the employee to pay restitution by compensating you lot for the stolen items.

Defamation

What tin you do if an employee or former employee is telling lies about you lot or your business? Can an employer sue an employee for defamation? The answer is yeah.

Defamation occurs when someone says something false virtually yous that damages your reputation. To prove defamation, y'all must prove that:

  • The statement is false,
  • The statement is negative,
  • The statement was shared with a third party,
  • The employee was at to the lowest degree negligent every bit to whether the statement was true, and
  • The statement harmed you.

Truth is an absolute defense to defamation, no matter how dissentious the statement is. Only y'all practice not accept to sit past if an employee is spreading lies about you or your business.

Tortious Interference

Competition is expected when you are running a business, but you should non have to put upward with someone intentionally sabotaging your business, especially when it's one of your ain employees.

In Florida, y'all can sue an employee (or any other third party) for tortious interference if they intentionally interfere with either your business relationships or your contractual relationships. For example, a former employee might try to induce your business concern contact to break a contract with you by offer to sell the same product at a lower price.

To prove tortious interference confronting your employee, you must establish the post-obit elements:

  • You have a contractual or other advantageous business relationship with a third political party;
  • The employee knew of the contract or relationship;
  • The employee did something to intentionally disturb the relationship;
  • The employee's actions were not justified; and
  • You suffered damage.

You don't have to represent someone trying to disrupt your business organisation. Consider talking to a capable business lawyer about how you lot tin protect your interests.

Contact a Business Lawyer

If you have an employee or former employee who is undercutting your business concern, the team at BrewerLong tin can help. We accept extensive experience handling all types of issues affecting businesses.

Additionally, our practise focuses on employers. We know how important it is for you lot to protect your business concern interests, and nosotros desire to help. Contact us online or telephone call us for a consultation.

Author Photo

As a decorated combat veteran, the Marines taught Michael the value of working with dedicated and skilled professionals. Michael advises both business owners and individuals in commercial transactions and dispute resolution. His complex litigation focus includes business organization suspension ups, professional liability, insurance coverage, taxation, trust, real estate, contract, intellectual property, and loan disputes. The combination of his transactional and litigation experience allows Michael to see across simply the immediate issues presented and develop practical cost effective solutions for his clients, to maximize benefits and minimize risks in both the short and long term.