She did not sign any contract or application from me.
2007-03-19 21:18:32 · 9 answers · asked by jennifromtheblock 2 in Politics & Government ➔ Law & Ethics
she didn't steal my customers.
2007-03-19 21:28:25 · update #1
You can sue anyone for anything. Does not mean you will win. The fact that she did not steal customers and the fact that you did not have a signed agreement will not bode very well for you.
However if she is infringing upon your trademark (copy written) then you will have cause.
If she just opened a similar business and can prove her services are better than yours, then it will likely be deemed she is better for the community than you are and you are suing her because of sour grapes.
Also, she can say she was an independent consultant on your payroll and decided she wanted to keep her ideas for herself.
If I were you I would concentrate on customer service and advertising/promotion rather than wasting precious resources in court that will only serve to make attorney's wealthy.
2007-03-19 22:17:29 · answer #1 · answered by darrellkern 3 · 0⤊ 0⤋
When you hired her did she sign an agreement to not compete? Even if she had that would not hold up in many courts. But absent that, you have no real recourse.
You can try to sue claiming that she is using "trade secrets" that belong to your business, but history has proven that unless you really can prove that (such as a clear case of a patent infringement or she has a resturaunt and is using your exact recipies.) you will likely lose in the end. The only thing you could hope for with a baseless law suit is that it could perhaps drive her out of business, but if it costs to much, it just might drive you out of business too.
You can fire her for a conflict of interest if anything she does directly takes away from her job performance. Harder to do without risking a lawsuit if that was not a term in any employment contract.
Basically if you don't have any terms of a employment contract, even fireing her could result in her suing you for wrongful termination. Then again, most employees won't sue even if wrongfully fired, and if she is already running her business it seems unlikely she is going to sue you for fireing her.
Perhaps you should have compensated such an employee that had the ability and knowledge to compete against you better, so it would not be worth her while to take on the risk of going into business against you.
2007-03-20 04:37:48 · answer #2 · answered by Answer Girl 2 · 0⤊ 0⤋
No I don't think you have a case.
I used to work for a place that actually did require me to sign contract paperwork. It only specified that I could not quit and then get a job with one of the companies vendors.
There is no law that prevents anyone from starting a business. Since it wouldn't fall under copyright infringement it may fall under trademark infringement or intellectual property rights if you could prove that 1) she stole things/ideas from you and 2) you had whatever she stole under trademark.
It's best to just move on with your life. Lawsuits are emotionally and financially draining. Lawyers, even bad ones, cost $250 an hour. There's a slim chance you'd win.
2007-03-20 04:41:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Depends. Did she use any of your business supplies to set up her business? Did she go to your customers and tell them lies about you to get their business. Was she running her business while still working for you. Does the business involve some intellectual or real property owned by you, that she is now using.
The key to a successful lawsuit is the ability to prove that you were damaged and the damage equals the amount of money you are asking for.
You aren't going to get anything for hurt feelings. You won't get anything because your former employee was disloyal. Nor will you get anything simply because she set up a rival business.
Let's say you and she were in the business of cleaning houses. She is now running her own house cleaning service. You won't win anything here.
Lets say you and she were in the computer software business. You develop a super program for accountants. She sets up a business selling your program. Now you got a case.
Hope that helps.
2007-03-20 04:34:24 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Although viewed by many as unethical, unless you had a no-compete contract signed, or a non-disclosure agreement and she took customers with her, I don't see how you could sue.
2007-03-20 04:26:12 · answer #5 · answered by Carl S 4 · 1⤊ 0⤋
Unless clearly stated in the employment contract that no employee set up the same kind of business.
As employer you should decide. You can dispel him/her.
2007-03-20 05:00:45 · answer #6 · answered by 911 2 · 0⤊ 0⤋
NO dont be daft
You may sue if she copied your protected materials but ony if either patent applied for or registered.
www.all-about-britain.com
next time choose your employees more carefully !
2007-03-20 04:44:18 · answer #7 · answered by eurobichons 3 · 0⤊ 0⤋
You can sue someone for eating corn flakes for breakfast if you want to but you may not win. Compete or die!
2007-03-20 04:27:13 · answer #8 · answered by Sheriff of Yahoo! 7 · 0⤊ 1⤋
NO......Only if she tries to use the same name as your business.........she will probably steal all your Customers too...............
2007-03-20 04:28:21 · answer #9 · answered by bodie 3 · 0⤊ 0⤋