Can I fire an employee who is starting the same type of business I have, while she is still employed by me?

Posted 10-06-2010

Ann Kiernan replies:

Sure! Even if you do not have a conflict of interest policy which would bar this sort of thing, employees have a duty of loyalty to their employer. She is free to start a new business and go into competition with you, but not while she is on your payroll!


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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.