Legal Question in Business Law in New York

Questions (General and legal) concerning deplorable employee actions

I am the owner of a quite small service-based company and have come across a situation with which I could really use some advice. Basically, one of my employees wanted to quit (which was only discovered after a little digging by me) and was set to leave within 3 weeks time. This was three weeks ago. Since then, he has been extremely rude to everyone else, has skipped work without saying anything, has come late and left early.

But, the worst that he did is, on his last day, he called all of our clients, lying to them that my company was going out of business and that he himself can take over their work (he is apparently starting his own business). He has stolen some clients that we worked so hard to get, and his malicious lies are making them all but impossible to get back.

He signed a contract, as all employees, stating he wouldn't do this. This kind of thing is hard to prove, I just am a wreck and really don't know what to do. Your advice is most welcome. Thanks.


Asked on 7/28/08, 9:47 pm

2 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Questions (General and legal) concerning deplorable employee actions

Aren't people just wonderful.

I see, off the top of my head, at least two causes of action against the employee: business tort and breach of contract.

You need a lawyer to help you get this straightened out. I don't actually practice in this area, but you should be able to get good referrals from either the NYS Bar Association (www.nysba.org) or the bar association in the county wherein your business sits.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 7/29/08, 12:19 am
Michael Markowitz Michael A. Markowitz, PC

Re: Questions (General and legal) concerning deplorable employee actions

You have to immediately commence an action. The action must be commenced with a motion by Order to Show Cause with a temporary restraining order (TRO). The reason for the urgency is that you have to demonstrate that the company will be financially hurt from the former employee's actions. The longer you wait allows the Court to question whether the company is really damaged by the former employee's actions.

Mike.

Read more
Answered on 7/29/08, 8:30 am


Related Questions & Answers

More Business Law questions and answers in New York