[AllAround]

Hi,

I am new to this site and am just looking for some advice on how to deal with a situation our company is currently in. We are in the property preservation business and bought a second business from someone. That person, by breach of contract, started another property preservation business in the same area. He took many of our contractors and office staff members with him and is now calling our clients and telling them we are sabatoging his houses to make him look bad. This is in no way true, but we are now in a he said, she said battle. We have the same client as he does with the same contact people. He has also been caught dumping debris in our dumpsters illegally and we have filed a police report against him. Does anyone have any advice for this?

Hoping someone can help

Thank you for any advice you can offer!!!

 

[dom-mas]

file for breach of the non-competition clause but just as a threat. Explain the situation to your customers without getting into too much drama and keep up with the police reports.

Or you need to pay someone to talk to him....someone you pay with cash

 

[hdavis]

Get a lawyer. You have multiple causes for action beyond any breach of contract.

 

[AllAround]

Thanks dom-mas. We explained the situation to our client from the beginning and have filed the necessary paperwork, but it doesn't seem to help. We will keep following up. I was wondering if anyone has been through something like this before.

 

[AllAround]

hdavis - here's the issue that we are having, he filed for his new company under his wife's name, but he runs it. We are a "by the book" kind of company and would hate for someone like this to ruin our name.

 

[dom-mas]

From my limited indirect experience with non-compete clauses they are difficult if not impossible to uphold. You need to be specific or it will get thrown out as being too vague but if it's too specific it leaves lots of loopholes. Security cameras around your dumpsters or at least and dummy ones signs that say there are security cameras.

sounds tough...sucky and tough

 

[brunothedog]

buy KY jelly,
because looks as though you got shafted good by the previous owner.

 

[AllAround]

dom - it sure is! We have him on camera dumping in our dumpsters and he even admitted it to the authorities. We even sent it to the clients and they are still using him! Very true about eh non-compete clause, and he sure found his loophole!

 

[hdavis]

hdavis - here's the issue that we are having, he filed for his new company under his wife's name, but he runs it. We are a "by the book" kind of company and would hate for someone like this to ruin our name.

Doesn't matter. Like I said, you have multiple causes of action, beyond any breach of contract. Also, regarding the no compete clause, there's a concept of "arms length" in business law. A sham is a sham is a sham.

The purpose of the lawyer is to tell you what you need to do to nail his butt to the wall and bankrupt him.

 

[AllAround]

hdavis - I appreciate your advice. We sent it to our lawyer and we are waiting for him to respond. I would hate for him to continue this with anyone else. I haven't heard of the "arms length" in business law, I will follow up with our attorney on that.

 

[hdavis]

I know of a similar case where the person was charged with theft of trade secrets - the customer list, pricing structure, etc. They were arrested - it's a criminal offense. All their USB drives, laptops, desktops were confiscated, but there was evidence that files were copied.

Read this, as well:

http://www.kkrlaw.com/changes/employeeraiding.htm

 

[fenderless 33]

It is so hard to deal with people like this. I lier has so many stories and if you are telling the truth there is only one answer. Best of luck. I have been thru it with dirt bags like him

 

[thom]

Domas had it right, hire Guido enforcement. He's a by-the-book kind of guy too.

 

[Metro M & L]

I wouldn't worry about the guy. He's digging his own grave faster than you could ever dig it for him.

 

[rselectric1]

Please visit our sister forum which is dedicated completely to PP.

http://www.preservationtalk.com/