Isn't there something where you can get in trouble for interfering in a contract between two other parties? I'm thinking of tortious interference.
I wouldn’t put it past a lawyer to try and widen the circle of people he can sue. The two parties that made the agreement are the only ones that are limited. The guy that makes a better offer never agreed to anything.
I think it would be tortious interference if can be demonstrated that the other employer had encouraged the employees to violate their contractual agreements in some way beyond simply offering them a job. For example, telling them they would provide legal cover if they break their non-compete agreement.
Slave theft?
Employment is part contract law - an employment contract - but also part master servant law - passed down from the old times, pre democracy.
13th Amendment outlawed indentured servitude after the civil war. Employees are not slaves. They can quit at any time.
So you can't sue the employees - so sue the other hospital?
It's creative, if nothing else. It may also buy some time by gumming up the process.
Is there merit to tortiuos interference? Interference in a contractual relationship by a third party. Employment is only partly a contractual relationship. Yeah, perhaps there is a case here. Enough to force a hearing.
Technically, is it tortious interference if there is no breach of contract? The contract ends "unexpectedly," but not illegally, when the employees quit. Is why they quit even relevant if there is no breach of contract?
Quitting at any time, for any reason, is an implied, by law, part of the contract. Technically, the contract is fulfilled, or completed, at the time of quitting. So how has it been interfered with?
A trigger of an unexpected completion of a contract... via a third party job offer.
It's a hell of a stretch for interference.
Anything can happen in a court room.
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