Employee Problem

The Office Employees
1

[B]This was emailed to me by a regular forum member. He had me post it so he remains anonymous and encase his employee reads these forums.[/B]

I just found that my employee is getting on his own and calling some of my customers, places that he must remember from the times that he has serviced those residences.

I don’t want him to know nothing until Saturday, because I’m gonna meet him in one of our commercial accounts, and get all my equipment, is not a lot, but I don’t want him to get started with MY tools. I bought this company from a friend of mine, and this guys is using his name and saying that he’s gone and now his taking over , lol.

I’m not worried about him stealing my customers since he’s not really good, and he doesn’t speak English very well to be honest with you. I was thinking of let him ago two weeks after I bought this business, but i made a mistake, I felt sorry since he has a mortgage, truck payments, wife and daughter, but i was wrong one more time.

His questions are :

1 - Based on experience what you would do in my position? remember that is my first time as a biz owner.

2- I do have a agreement signed for him with a non disclosure part, and also saying that he cannot use any info for his own benefit. How can I use this to scare him a little legally wise ? I don’t mind if he wanna go on his own, I just really don’t like the route he choose.

Any advice from you will be much appreciated

2

My reply would be as follows:

  1. Fire him Immediately

  2. Get an attorney to send him a stern cease and desist letter.

Start looking for a new employee today.

3

I don’t know the laws pertaining to where you live. This is a common problem in the UK. You get someone as thick as pigsh*t - they stay with you for life, get someone good - sooner or later they figure out how they can do it themselves.

4

I agree with Chris.

I’d also add that you should meet him face-to-face (like you’re gonna), and explain your intentions to enforce the legal contract he signed.

5

i have not run into that problem before, thanks much love the butt

6

I agree fully with Chris. The attorney part is very important. I had almost the same thing happen to me. I just went about it the wrong way. Let the attorney do the hard work, you look much better in a judges eyes if things come down to court.

7

Wow. How disrespectful. If I had a wife,kids, mortgage, I sure wouldnt gamble that away. Get your tools from him ASAP. Let him know that you contacted a few of the customers that he tried to solicit to. Remind him of the non compete agreement he signed. Also let him know that if he threatens to drag your company into court, new legislation in the US entitles company owners to counter sue for damages brought on by these false lawsuits. He will think twice on that one. He could find a ambulance chaser attorney to take the case, but most will not. Dont forget to document everything.

Steve

8

Introduce him to Southern Justice.

9

Southern Justice? Would that involve breathing out of a scab for 6 months? LOL!

Steve

10

As I recall that’s 2 parts Southern Comfort and 1 part shotgun right?

11

ok, I let him go.
It was me and i didn’t wanna take any chances even when I was 99.99% sure that he has no idea of this forums or any others. Thanks Chris to post this for me :smiley:

Went to his house unannounced, ladders were inside his garage since we went through hurricane winds this weekend and knocked at his door, ask if he and his family were ok after the storm, and went straight to the point.
Showed him the card, he said “what’s this?”, I pointed my finger to the phone number there, and said “That’s your wife’s cell number” … his answer "ahh, ok ".

Told him that I didn’t take it as something personal, strictly business, and that I needed ALL my tools back, along with uniforms, documents, maps , etc.

He took the ladders out of the garage, and opened his truck with the remote from the door and stayed inside, my wife was with me in my truck and seems like he was really ashamed and didn’t wanna see her face-to-face.

Had him signed a termination agreement with non-disclosure and non-competition sections in it, along with a copy of the agreement that he signed when he got started.

Talked to the guy that sold me the company and he’s out of the country right now, but has a person that represents him here, who has a SOB lawyer and my ex-employee knows him, so he’ll be receiving a letter from him soon, and since I’m paying for this company he’ll have to face legal actions from them first if he insist in visiting our customers.

Went to see the customer that gave me his business card, and they were out of town because of the storm, but they asked if I had any news about that issue, and I told them what is was, and thank them, and the guy wanted his name and everything in case he try to reach them again, “I’m gonna be very strong with him, I don’t like when people do things like that” the guy said.

Thanks to everybody for the advice, this is something completely new for me and I had an idea of what to do, and I can say that wasn’t wrong at all, but is better to see what others have gone through and learn .

I’m like Doug now, One Man Show Wonder (j/k) and I’ll see how it goes, my wife is giving me a hand since she’s off mornings.

Thanks again and be careful with traitors :cool:

Carlos

12

Some time its best to have your attorney send a cease and desist letter like already mentioned. This kind of stuff always will happen.

13

Beat the hell out of the dude. Tell him to come over to you house and when he gets there ask him in. Walk in the kitchen and tell him to hold your microwave while you look at something. When he has the micowave in his hands start beating the **** out of him and call the police and tell them a mexican was in your house trying to steal your microwave and you defended yourself and property. Make sure you beat him good so he will not be able to work for a long time. PROBLEM SOLVED! :smiley:

14

Ummm, OK that’s a little over the top. :eek:

15

When he has the micowave in his hands start beating the **** out of him and call the police and tell them a mexican was in your house trying to steal your microwave and you defended yourself and property.

I think some of our members and visitors wouldn’t appreciate or tolerate this.

Strike “one” for this guy.

16

sounds like you handled it perfectly…

17

+1
That was kinda dirty. Its good you did everything face to face, I seriously doubt this man will keep persuing your customers after confronting him. His wife will probably remind him of that day forever.:wink:

Good job.

18

+1:o

19

Hey Carlos, I see this thread is a little over a year old, have you had any problems since with this former employee?

20

If he doesnt speak english very well, does he understand what hes signed? Maybe threatening court will scare him. Good luck!