For a key employee with unspecified hours, vacation time may present the only opportunity to develop a new venture. To start a competing new venture, the employee must leave his orher employer. If a coworker has an employment contract for a definite period of time, the employee may be liable for intentionally and improperly encouraging the coworker to break the contract if he or she tries to get the coworker to join the new venture. The employer could sue the employee for intentional interference with contract. However, merely telling coworkers about future plans is different from solicitation.
Some courts allow employees to discuss future plans with coworkers.
An employee can also be liable if his or her conduct causes coworkers to violate any restrictive covenants, such as noncompete or nondisclosure clauses, described below. Key employees are even more restricted with respect to soliciting coworkers. Such clauses are generally enforceable.