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My brother just had a second interview with a company and they gave him a job – told him they’d be sending his new employee packet to him, they went over benefits and pay. I guess someone at his current job (at a construction company) heard that he may be going to this new company. He then proceeded to call up someone he knew at this new company (they buy parts from this new company) and told them that if they hired my brother, they would NOT be placing any further business with them (his current job is a 1-million dollar account or more for this new company). So, within that hour, my brother got a call from the new company saying that they can’t hire him because they are worried that their relationship with his current company will be jeopardized if they hire him. So…now he didn’t get hired after they told him he was. Is it illegal for his company to threaten to take away their relationship/business with this other company because my brother is choosing to go work there??? It's crazy

2007-08-30 07:10:34 · 27 answers · asked by Anonymous in Politics & Government Law & Ethics

I'm in Michigan

2007-08-30 07:21:28 · update #1

27 answers

no not legal he should get a lawyer

2007-08-30 07:15:18 · answer #1 · answered by Anonymous · 0 0

It sounds completely absurd, that's true. Seems to me your brother has already been given the job but been fired nearly?

But in either case if he wasn't employed yet, the manager does have a right to choose who he wants to hire or not. And as for whether someone at your brother's previous company should have the right to ask the other company not to employ him, this is really bad, if not illegal.

I suggest your brother calls up the new company again and shows them that "they should trust him" and that the previous company's relations with them "will not be jeopardized".

It's worth a try if he really wants the job. Sometimes people just come and threaten you when something is good for you. Good things are worth the fight.

xx :)

2007-08-30 07:23:55 · answer #2 · answered by pinkspace 1 · 0 0

That really sux! It is legal for them to do this as long as they are both privately owned companies though. If your brother hadn't signed a contract then there is really nothing he can do about it. The only recourse he has is to find out if the old company slandered him in any way to the new company. If they said anything negative, beyond whether or not he was eligible for rehire, then they can get in trouble. However, if they just said, "if you hire him, you will lose our business" that isn't technically illegal. What a bunch of jerks!

2007-08-30 07:20:27 · answer #3 · answered by Kristi 5 · 0 0

Legal is a touchy word. There are no laws about this. If this is true, then I would have the new company document exactly what was said and who said it. Then contact an attorney.
What about your brother's job at the old company? Does he still have it? If not, then again, an attorney that handles employment law is the person to call.
He probably has a lawsuit either way. This is called blackmail in most legal descriptions.

2007-08-30 07:18:47 · answer #4 · answered by Anonymous · 0 0

Yes. It is unfortunate for your brother but in a way it is a compliment. The fact that his company thinks that much of him. On the other hand, you would think that the vendor company would have had more sense and would have talked to their customer before trying to hire one of their employees. The situation was handled badly but I don't see anything illegal.

2007-08-30 07:15:39 · answer #5 · answered by Anonymous · 0 0

I can only imagine that even if your brother brings up a claim that eventually "succeeds", the best he could expect is that the company would be forced to re-offer the same job (now under horribly awkward circumstances) as well as being out the time and cash invested in pursuit of the claim. Unless he has the resources to make a high-profile case out of it, he might just want to save himself the trouble.

2007-08-30 07:26:27 · answer #6 · answered by Triela 1 · 0 0

Some companies have it in their contracts with other companies, that they cannot hire employees away from them, or even hire them until they have not been employed by the first company for a year.
It's totally legal if they have that sort of an arrangement.

2007-08-30 07:25:32 · answer #7 · answered by MR. T. 6 · 0 0

Legal - Yes. There are no laws telling a company they can't pull their business from another company because of the employees that work there.

Ethical? Not by any means.

2007-08-30 07:17:47 · answer #8 · answered by Pat 5 · 0 0

You didn't say what state you are in, and it would depend if your state has an "employment at will" law. Basically, any person or company makes employment decisions and only certain causes can be legal for discrimination, like sex, race, etc. Deciding if someone is good for business can be a justified cause. Find out if your state has such a law.

2007-08-30 07:15:16 · answer #9 · answered by Steve C 7 · 1 0

Unless his employment was based on a written contract, I don't believe the new company violated any laws. If they had based their decision on one of the protected classes, then there would be trouble. It is not criminal as far as I know. His only shot here would be to try and prove defamation. He does need to have economic damages to get anywhere. I would say he should consult a local attorney that focuses on employment law.

2007-08-30 07:18:05 · answer #10 · answered by hensleyclaw 5 · 0 0

personal interest is far to often tied into business. It shouldn't be. But no i do not think it is illegal. I work on small engine's and if the company i buy my parts from pissed me off i could cut them off and find another company. I wouldn't unless i absolutely had to.

2007-08-30 07:16:42 · answer #11 · answered by beylorsbro 2 · 0 0

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