QUESTION

Can my competitor fire his part time employees if they accept a part time job at my company?

Asked on Jun 29th, 2015 on Business Law - California
More details to this question:
I am in the health/fitness business. My competitor has threatened to fire any part time employee that works for his company if they accept a part time position at my company, (these are fitness instructors that teach classes). He has already fired one. Is this legal? I understand this is a "Right to Work" State but not sure if this applies here. Thanks
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Assuming that the employees have no contract to the contrary, and that the policy applies across the board, rather than discriminating against a statutorily protected class (e.g. women can't work for you but men can), I believe the answer is yes.  Although California's employment laws are generally very employee friendly, I am aware of no law which would require an employer to continue to employ an employee who works for a competitor.   I don't think being a "right to work" state has anything to do with this issue, as it  refers to whether an employee can be compelled to join a union as a condition of employment.
Answered on Jun 29th, 2015 at 10:07 AM

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