Legal Question in Business Law in Florida

can i sue a clent and former co-founder of my company

I started a company with another individual,he left the company,signed papers turning over all interest in the companies assets of any nature back to the company,paid any outstanding monies owed for the return his shares.a client found out about it and stated that they wanted him for their network services because they had references on him from our mutual aquaintances. I explained to the client business manager the contract was the companies ,not the individual. when i confronted the client they insisted on using him not continuing consulting service with the me. the business manager could site nothing derogatory other than she had references on him. i asked was a problem with service. her response was the service was fine. my question is can i sue both the fomer co-founder and/or the client? if i can how do i assess damages on either one? the fees to date are in excess of $15,000 in 5 months and the companies budget and business plan was based on projected averages and without this contract will suffer tremendously. i dont want to burn any bridges but i need my business to survive.


Asked on 10/22/02, 4:35 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: can i sue a clent and former co-founder of my company

Unless you had him sign a restrictive covenant agreement preventing him from working in the same field for a period of time in a certain location the answer is no. I have this done all the time when business break up.

Read more
Answered on 10/22/02, 5:41 am
Randall Gilbert Gilbert & Caddy P.A.

Re: can i sue a clent and former co-founder of my company

Respectfully, I disagree with Mr. Slater. The following are causes of action you may have:

Your Company vs. Their Company (1) Breach of contract.

Your Company vs. Former co-founder (1) Tortious interference with an advantageous business relationship; (2) Tortious interference with a business contract; (3) Usurping/Theft of a Corporate Opportunity.

Should you need further assistance or would like to make a consultation, you may contact my offices.

Sincerely,

Randall L. Gilbert, Esq.

Read more
Answered on 10/22/02, 8:14 am


Related Questions & Answers

More Business Law questions and answers in Florida