Legal Question in Business Law in Texas

ex-employee sabatoges business

My wife and I own and operate a private pre-school academy. We recently the director at once of our schools. Several days after her dismissal, we received a suprise visit from the agency that licenses pre-schools in Texas. The licensing inspector asked to see various records and documents that a school such as ours is required to keep filed on the premise. Many of these documents were missing from our files, and we were subsequently found out of compliance with licensing regulations - a finding that jeopardizes our license and will have significant negative impact upon our reputation and business standing. We strongly suspect that our ex-employee removed these documents, then annoymously called licensing to instigate this suprise inspection. Do we have any legal recourse in response to this type of deliberate sabotage?


Asked on 2/18/03, 9:44 pm

2 Answers from Attorneys
Eliseo Rico III The Law Office of Rico & Associates

Re: ex-employee sabatoges business

If you had hard evidence regarding the alleged conduct of the outgoing director, you most certainly would have some recourse. However, I'm not sure that you do. Mere suspicion is not enough. In fact, unless you have hard evidence to the contrary, I would be careful not to publicly impune the character of the director. Otherwise, you may find youself, unjustly at it may be, at the receiving end of a defamation lawsuit. If you have any other questions I can be of assistance with, please feel free to contact me at 210-789-7620. P.S. One thing you might want to consider is having an attorney or consultant conduct an audit of your HR policies and procedures and where necessary develop a plan of action that minimizes your risk exposure when dealing with termination issues.

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Answered on 2/18/03, 10:05 pm
Peter Bradie Bradie, Bradie & Bradie

Re: ex-employee sabatoges business

Possibly. Proof may be difficult to come by, a judgment very difficult to collect, and you'll have to tread carefully so that you don't find yourself on the wrong end of a defamation suit.

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Answered on 2/19/03, 10:33 am


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