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two of my key employees have liased with one of my customers and agreed to produce parts for him cheaper than myself.They have both signed a basic non disclosure contract.

2006-07-21 01:44:59 · 16 answers · asked by Anonymous in Politics & Government Law & Ethics

16 answers

Speak to your attorney first. Certainly, this sounds like the grounds of a Civil Suit. Do not take action until you have a clear plan. Do not give these two people a chance of counter-suit.

2006-07-21 01:49:39 · answer #1 · answered by Anonymous · 2 0

You have just cause for terminating the employees; in most states anymore employment is "at will" and and employer does not need a just cause to terminate you, but if they don't may have to pay more for unemployment insurance in the future if your ex-employees claims are granted.

Only a lawyer that has reviewed the contracts that the employees have signed for non-disclosure can determine if you have a case worth pursuing and you would have to go to Court or if your soon to be ex employees would agree to a settlement prior to going to Court would be the only way you could receive any compensation.

2006-07-21 01:54:18 · answer #2 · answered by bottleblondemama 7 · 0 0

I work in accountancy, and have a background in management consultancy.

You would probably have to apply for an injunction to compel them to abide by the non disclosure agreement. This can be a costly business, and risky also because if the court finds in favour of your employees they will award court costs to them, meaning you would have to pay your own legal fees as well as theirs. I was involved in a similar dispute to do with poaching clients while under a non-compete clause, and the legal costs got into the 10's of thousands before an out of court settlement was achieved. Also, even if you were sucessful in sueing the offenders for unfair competition in breach of contract the judge would award you compensation, perhaps compel the offenders to cease & disist, and award you legal costs but then the offenders could simply file for bancruptcy and avoid paying you a penny leaving you with a huge legal bill. Sorry, but you've got a hard time ahead if you choose to persue the matter. Good luck with it.

2006-07-21 02:00:29 · answer #3 · answered by V 3 · 0 0

You can sue them for the profits, also, if the parts themselves are patented, then you if your are the patent/process holder you can sue for patent infringement. Its an expensive affair.

Check with a solicitor, you not going to get any free advice in this area i am afraid, anything that decent anyhow. Go with the copy of the contract. You must weight up how much you could lose or gain out of this whole situation.

2006-07-21 05:02:57 · answer #4 · answered by logicalawyer 3 · 0 0

UK only

You could sue them for damages, i.e. the loss of business that may result. You would need to take them through a disciplinary process and dismiss them, I would suggest you check out www.acas.org.uk for the statutory procedure to follow.

Once they have left however the contract no longer exists, thus it all becomes more difficult, you would need to prove they have used privileged information to make out a case!

If your insured check your policy to see if you have legal expenses insurance if so speak to them! They can not only offer full advice but may be able to litigate at no cost to you.

2006-07-21 02:04:55 · answer #5 · answered by Nick B 3 · 0 0

If this is allowed for in their contract of employment then you have every right to sue and get an injunction on their work, if you are going to sue do it quickly, the judge will take the fact that you haven't acted immediately as evidence that this is not that important to you

2006-07-21 01:52:51 · answer #6 · answered by Nimbus 5 · 0 0

Please, make a declare, you do no longer understand how this harm can influence you on your later years. it is not your accountability to be certain that an twist of fate checklist became into saved, if an ambulance became into referred to as to the premises they'd desire to have a checklist of why and what for. in the event that they did no longer it is on your favour as its criminal that they'd desire to have. you additionally could make a declare, and as your under 18 Tesco's could have particular documentation approximately any training you have gained danger exams etc which you may have been made conscious of for the period of your employment with them. i might in my opinion seem up a no win free of charge solicitor and get some propose (as i presume you're no longer in a union), concerning to your paticular twist of fate, you could anticipate to get carry of any lost income for the time you have been off sick any money paid out of your pocket for vacationing to and from hospital visits docs etc and a repayment cost for any soreness you had which prevented you from doing all your widely used frequently taking place habitual. remember no win free of charge solicitors would take a share of your repayment payout so ring around and ask until eventually now basically how a lot of a share, in the previous you circulate and see them.

2016-10-08 03:59:07 · answer #7 · answered by ? 4 · 0 0

Not sure I am barking up the right trees on this one, but willing to suggest....speak to a solicitor who offers a free 30 minute first consultation. Secondly, is there any copyrights attached to the items they are now producing?

2006-07-21 01:49:50 · answer #8 · answered by SunnyDays 5 · 0 0

Unless you had a non-competition agreement with them, you can't do anything but fire them... unless they've already left you.. and I would think that if they signed an agreement with the other guy.. then they already have ... so , like I said.. no Non-Competition agreement.. no dice.. make sure you draw one up and have future employees sign it.. let this be a lesson to you.

2006-07-21 02:15:23 · answer #9 · answered by Imani 5 · 0 0

Did you have an exsisting contract in place ? You can't go after one with out the other. It takes two to dance!

2006-07-21 01:52:43 · answer #10 · answered by Anonymous · 0 0

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