Legal Question in Business Law in Illinois

It's just not fair business practices

Thank You!....I have recently aquired the rights to perform, by contract, service work for my ex-employer. Our department was dissolved, and I was asked to be the exclusive contractor, with contractual agreements between myself and this company I worked for.Two fellow ex-employess, have aquired company records, which in essance gives them the same information I have. They aquired these records illeagally, by removing them from the property prior to their last day of employment. They have admitted to poccession. AND have admitted to stealing customers from me, which I understood would be mine under exclusivity. Since I have asked the company to intervene, CAN I also file any stop, or deceist action. I have people willing to sign afidavits regarding admission of theft of company documents and statements made regarding future business.The Long and short is since these two employees want to compete for work from our ex employer. Can they leagally utilize stolen documents that I was entitled to? This a large company and I get the impression that this is small potatoes to them. However if I must find a way, through my own resources,what are they if any?


Asked on 1/25/01, 12:08 am

2 Answers from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: It's just not fair business practices

You have a claim for interference with your rights. Whether you can obtain an injunction to stop the interference depends on the facts of your case. Your claim for interference may entitle you to recover from the interferer an amount of damages which will fully and fairly compensate you for the interference, unless the interference was "justified" under the law. I recommend you contact me or the attorney of your choice for more specific advice.

Read more
Answered on 3/08/01, 9:41 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: It's just not fair business practices

Whether you have a remedy or not depends upon the rights afforded you by your former employer. Ask yourself these question: Do I have a written contract with my former employer to perform services? Whether it is written or not, what are the terms of the contract? On what basis am I assuming that I have an "exclusive" with the company and, even if I do have such an exclusive, do I have the exclusive right to possess these documents?

The long and short of it is that if you have a contractual right with your former employer with which the other former employees are interfering, you have a claim against those former employees, for which injunctive relief and damages are available.

Read more
Answered on 3/08/01, 6:01 pm


Related Questions & Answers

More Business Law questions and answers in Illinois