Business Legal Advice

[acidrain]

Going to cut straight to the chase.

Got a call from a client informing me that one of our employees attempted to solicit works from him via email. Looking further into it, it was found that the employee has a legally registered business of which the services are in direct competition to ours. The worrying thing is whether he approached any other clients who have not informed us and successfully got work from them.

Furthermore, looking through the website are clear photographs of works that we have conducted.

My question is, would there be any grounds for legal action?

Edit: Not exactly looking for legal advice, just more a yes/no if I'd be wasting my time pursuing this.

 

[axon1988]

If you have evidence. And by that I mean substantial evidence and a client testimony. Perhaps more than one. Then I would say nail the guy for every penny that he has stolen from you. Maybe get an audio recording as well when you talk to him about it. Perhaps other people could advise on the talking to him bit?

@sarinaide might be a good person to ask.

 

[acidrain]

If you have evidence. And by that I mean substantial evidence and a client testimony. Perhaps more than one. Then I would say nail the guy for every penny that he has stolen from you. Maybe get an audio recording as well when you talk to him about it. Perhaps other people could advise on the talking to him bit?

@sarinaide might be a good person to ask.

I have evidence of him making contact with a client directly. It was an email forwarded to me directly from the client. I've already spoken to him and he admitted to everything, in writing. This was all part of his disciplinary hearing but now he is looking to waste my time at the ccma for compensation, so I'm looking at possibilities of a legal counter.

The photo's one could consider IP but I'm assuming that's reaching a bit too far.

 

[requiem]

I have evidence of him making contact with a client directly. It was an email forwarded to me directly from the client. I've already spoken to him and he admitted to everything, in writing. This was all part of his disciplinary hearing but now he is looking to waste my time at the ccma for compensation, so I'm looking at possibilities of a legal counter.

The photo's one could consider IP but I'm assuming that's reaching a bit too far.

It depends on the contract you had with said employee.

 

[axon1988]

I have evidence of him making contact with a client directly. It was an email forwarded to me directly from the client. I've already spoken to him and he admitted to everything, in writing. This was all part of his disciplinary hearing but now he is looking to waste my time at the ccma for compensation, so I'm looking at possibilities of a legal counter.

The photo's one could consider IP but I'm assuming that's reaching a bit too far.

Hopefully your contract with the employee covers how he's not allowed to do this. If it's a CCMA issue then just make sure you have a good defence. I've seen employees getting screwed because they couldn't prove one of the accusations they've made.

So build a defence, and a court case perhaps. Talk to a lawyer. And choose your words wisely with the employee.
Things can go both ways.