I'm not an expert, and not a lawyer. But the 'no compete' clause seems pivotal. In it's absence, what is to stop Employee #A knowing you have clients A/B/C on the terms that they are, and Employee #A quitting your place, and trying to lure in Clients A/B/C for his new business or employer? I see no reason.aleksan wrote:I'm a manager in a medium sized cleaning company. We do work for hotels, kitchens, condos etc.
To cut a long story short, my director and I uncovered 2 of our ops managers stealing client information and directing some of our clients to a competitor. Apparently they've been moonlighting at one of our competitors. And getting kickbacks for referring clients over. We think we have proof of this as we've managed to get logs of their correspondence through their work emails.
The big issue is, one of them has been our ops manager for a while and as I went through his employement contract, I discovered that he does not have a non competition clause in his contract.
The more junior of the 2 has a non comp clause in his contract.
We are looking to sue for damages as some of these contracts were not small.
Will we be able to sue both of them considering the more senior manager doesn't have a non comp clause?
We will be seeking legal advice shortly but in the meantime we are obtaining more evidenceagagainst these two. But what evidence will be of use in our case?
"stealing client information and directing some of our clients to a competitor. Apparently they've been moonlighting at one of our competitors. And getting kickbacks for referring clients over. We think we have proof of this as we've managed to get logs of their correspondence through their work emails. "JR8 wrote:How. Explain.Beeroclock wrote:Well I'm much more optimistic than jr8. The behavior is a breach of fiduciary duty and confidentiality.
Sure there are no universally accepted definitions but as what I'm familiar with and also per SMS comment, non compete is a restricted period after termination. This scenario here is about disloyal employees acting against their company's interest while still serving the contract. So I don't get OP's focus on the non compete clause.taxico wrote:can't a no-compete document be signed at any time during the course of employment? (if the employee is willing)
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