Former employer threatened suit if new employer hired employee

[susanne123]

North Carolina
This question is for my friend-
She worked for a medical practice who'd recently lost one of their physicians. While looking for a position closer to home, the practice where the physician went to work had an opening. My friend interviewed and was hired (due to start this Monday 1/05/09).

Yesterday, her last day at the still current workplace, her boss called her aside and accused her of lying about where she was going. No lies, she just did not disclose "where" she was going to work.

Turns out the physican that had left the old practice was accused of "soliciting" the workstaff to come work for him and they terminated the phyisician.

The former boss called the practice where she was due to start and threatened a law suit if she hired my friend.

CAN THIS HAPPEN??? was she black balled?

Does she have any rights??? because now she is out of a job all together...
Please help!

 

[justalayman]

she wasn't blackballed and chances no penalties unless she had a non-compete agreement or some other agreement that would limit her employment.

The doctor that solicited her is the one with the problem and that is who would get sued.

If the suit, or threat of a suit is not realistic, then the actions the former employer is taking could be actionable by your friend. If it is a legit action, your friend has little recourse with a very slight possibility against the new employer if they were aware of the improper actions.

She might try talking with a attorney but I doubt she will find any takers on a contingency basis.

 

[susanne123]

Thanks for the followup- I was very curious about the situation.

It seems in my opinion the former employer had no right.

My friend never signed anything- just the doctor was terminated for "breach of contract" on soliciting.

The doctor left in August... so she wasn't following (3 months have passed). Very sticky situation that just can't be right!

 

[ecmst12]

Was her job offer rescinded?

SHE can't be sued if she has no agreement. If the doctor she is going to work for has an agreement, HE can be sued and he can cancel the job offer if he is concerned about a lawsuit, legally. And if that's the case, there's nothing she can do since she is not a party to the agreement that might be breached.