Legal Question in Business Law in Florida
Libel/Slander
I am a real estate appraiser. A former employee of mine, upon leaving my company, called every client he had contact numbers for and placed my business accounts on hold with them (competition is one thing but he's not a certified apprasier and cannot perform appraisals himself). He has inside contacts at some of these companies and I fear that these companies may not send requests for appraisal my way again because of his actions. Any recommendations? Thank you for your assistance.
4 Answers from Attorneys
Re: Libel/Slander
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The first thing you need to do is to retain an attorney to write a cease and desist letter. Based on the facts, several other actions may lie, particularly if you were the one that trained him and if you provided him with any "trade secrets". Speak with a qualified attorney who can advise you regarding your legal rights and remedies.
Scott R. Jay, Esq.
Re: Libel/Slander
You should consider filing a case for trade secret theft and unfair competition. It is uncertain from the information to discern whether your former employee engaged in anything other than contacting your client list.
Re: Libel/Slander
First question I would ask you is "why did he place your accounts on hold"? Then I would need to know what he said to each person he called, etc. This is not a cut and dry question, I recommend that you retain legal counsel.
Regards.
Re: Libel/Slander
You should consider a demand letter to him to cease and desist use of your trade secrets and any defamation. The letter is better from an attorney. You may also need to consider a lawsuit for trade secret usage and an injunction against further violation and also for unfair competition and/or defamation. If you would like to discuss this further, please call my office.
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