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wow im in trouble

Discussion in 'Lawn Mowing' started by Fresh-cut.com, Mar 30, 2005.

  1. Fresh-cut.com

    Fresh-cut.com LawnSite Member
    from IN
    Posts: 21

    Ok heres the deal i have/had an employee (i thought he was an employee until yesterday) who worked for me last year and this season went around unbenoced to me and signed up customers check that my customers from last season. i had no noncompete clause signed sadly i trusted him and he doesnt know i know yet. but non the less its cost me nearly 500 a week. any opinions other than the standard thought of mine in smashing him what i should/could do? FYI this is a company that i bought out last season and hes the local guy that worked for the guy i kept because #1 its nearly a half hour drive for me and #2 i didnt want to put someone out of a job. The guy i bought the company from is tryin to help me get back what he can and has had some success but not all that id wish for ok im rambleing but mad sorry.
  2. Appalachian landscape

    Appalachian landscape LawnSite Senior Member
    Posts: 453

    I suggest a bar of soap and a sock.
  3. Frontier-Lawn

    Frontier-Lawn LawnSite Silver Member
    Posts: 2,949

  4. Appalachian landscape

    Appalachian landscape LawnSite Senior Member
    Posts: 453

    I believe you could sue him for using inside info to steal your customers.
  5. DeWitt Lawncare

    DeWitt Lawncare LawnSite Member
    Posts: 92

    If your former customers are decent people, they'll understand, can the guy, and take you back.
  6. SodKing

    SodKing LawnSite Bronze Member
    Posts: 1,648

    I would hire an attorney and have an injuction filed against him to cease and desist. Concurrently, file suit for theft of proprietary information and perhaps defamation. It will have to go through the courts and hopefully, by the end he will no longer be in business.

    See an attorney...the do have a use once in a while.
  7. K.Carothers

    K.Carothers LawnSite Bronze Member
    Posts: 1,124

    I feel for you. I don't know what legal avenues you have but maybe someone on this site will help. Did your customers have contracts? Did they sign any with your ex employee? If not, it might be worth your while to have a face to face with these customers and share with them what happened. I would immediately contact ALL your other customers and set them in for the year before this low life contacts them. Lastly, does this guy have a legit business?
    If not, I would bust him every chance I could. Its one thing to lose a customer to another LCO but to an employee...Thats just not right!
    A lesson learned here for all of us.

    Good luck!
  8. gqnine44

    gqnine44 LawnSite Senior Member
    Posts: 501

    Who did your non-compete? If it wasnt drawn up by a lawyer then it probably is full of holes and worthless.

    However, Good news for you, you dont need a non-compete to sue him and win. He has a fiduciary duty to you and your company he cannot use inside information to harm you. Contact a lawyer. It will cost some cash but will be worth it. Remember it will cost him money to fight you legally. You probably have more than him. Although your non-compete may be full of holes its mere existence will likely make your case even stronger (it is strong to begin with). You will win if you arent afraid to hire an attorney.
  9. Georgia Bull Dog

    Georgia Bull Dog LawnSite Member
    from NJ
    Posts: 47

    Sounds like a loss and a no win situation sorry to hear this
  10. Mdirrigation

    Mdirrigation LawnSite Silver Member
    Posts: 2,631

    This is a good example of why you need to have contracts with your customer. Typically contracts go out in January and February , had this been done there would not have been a problem . The customers would have already been signed up. As far as him going after the same customers , if he was still in your employ when he did this , you have a case , ( recieving a paycheck ) If not you will spend more money fighting him , money that would be better off spent on advertising .

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