When a former employee is violating a noncompete or other
restrictive covenant, a former employer will often assert a claim
against the new employer for tortious interference with its
agreement with the former employee. As long as the restrictive
covenants with which the plaintiff alleged the defendant interfered
were enforceable, the Georgia courts long held that a claim for
tortious interference could be asserted against a new employer for
inducing or encouraging an employee to breach his agreement with
his former employer. See, e.g., Carroll Anesthesia
Assocs., P.C. v. AnestheCare, Inc., 234 Ga. App. 646 (1998).
However, in a recent decision, the Georgia Court of Appeals may
have held otherwise.
