Sunday, May 27, 2007

Compete, Yes, But Don't Breach Duty of Loyalty

Competition is favored in California. But agents (including employees) cannot divert customers to another employer while still in an agency / employee relationship. Employees are free to leave, but while they remain employed, they owe a duty of loyalty to their employers. The Court of Appeal upheld a preliminary injunction where a business seller, retained as "managing agents" of the sold business, breached the duty of loyalty by diverting business to a third party. The case is Huong Que v. Luu.

DGV