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William B. Esq.
William B. Esq., Attorney
Category: Business Law
Satisfied Customers: 4204
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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My business is in the Shuttle Service industry. I have a former

Customer Question

My business is in the Shuttle Service industry. I have a former employee that worked for me that I had to fire, because of various reasons, dishonesty, misuse of vehicles, and failure to follow instructions. He worked for us for several years give or take. The last time fired I created a monster or my own competition. He purchased a vehicle a started his business on Travis Air Force Base where he worked with my company. Now customers are thinking this person still working for me. Of course, he is not telling them anything different. Is there a law to make him go somewhere else to do his business? At first I kept him off Base because he did not have the right qualifications to shuttle on base. What can I do to move him legally to somewhere else to do business? Joseph
Submitted: 1 year ago.
Category: Business Law
Expert:  William B. Esq. replied 1 year ago.
Dear Customer, thank you for choosing Just Answer. I would like to help you today.

This type of conduct is the "tortious interference with business relationships". The individual is using illegal (non-regulated) and fraudulent means to compete with you.

You may file a court action against him under this cause of action, and immediately request an injunction to stop him from doing this during the lawsuit.
William B. Esq., Attorney
Category: Business Law
Satisfied Customers: 4204
Experience: I am a businesses law attorney, with experience advising and representing owners and investors.
William B. Esq. and 10 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Is this something I can do here in Calif.? What is the step I need to do, get a lawyer here? Do I have to serve the petition? This man is causing all kinds of problem in our home. Some customers are telling me he acts as if he still works for me. I need to work real fast. Please walk us my son and I through this. Put this business together for almost 10 years.

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

These types of claims can be brought without an attorney, however, it can be difficult to follow the required procedures when you are not familiar with the process.
If the damages caused by this individual are $10,000 or less, you may file in small claims court without an attorney and with simplified civil procedure rules.

If your claim is greater, you must file either a limited or unlimited civil action, both of which benefit from having an attorney.

If you need assistance finding an attorney, you can use the California Bar association website calbar.org www.Martindale.com or www.avvo.com.

To find out more about the litigation prices itself, I would recommend the California courts small claims self help site. Even if you end up filling a general civil action three rules of service and basic principles of procedure are the same.
Customer: replied 1 year ago.

Mr. "B" Thanks for the referrer, but I am unable to make any contact with a lawyer yet.

This," tortious interference" do this mean as a formal employee he should not have a business in my area. Is that because the customer will see him as still in my business? I am willing to put out a couple of thousand dollars to get this done. Do Mr."B" know of an Attorney I can contact?


Joseph

Expert:  William B. Esq. replied 1 year ago.
The reason you may have a claim is because he is representing himself as s an employee.

I don't have any specific referrals (we cannot provide them through this service) but a qualified attorney in your area should be able to assist you - check your phone directory or online for your local bar association, they may have more referrals.
Customer: replied 1 year ago.

Mr. "B"

I did talk to an Attorney. However, he said I do not have a case because the guy have the right to a business to make a living. The Attorney add I would have a hard case to prove. He advise me not spend up my money. Let it go, what is this guy talking about?

Joseph

Expert:  William B. Esq. replied 1 year ago.
The reason you have a difficult case is that the other individual does have a right to pursue his own business in direct competition with you. What he may not do is represent himself as your employee while he is doing it.

My information is based on the general legal principles, you may have a cause of action here, and I can tell you that there is a way to go about pursuing it. Speaking with an attorney in person however, gives you the additional perspective of an attorney that can review all of the facts specific to your case and give you not only legal information, but also a case analysis, including a cost/benefit analysis.

The reason I suggested the proposed potential causes of action was that you suggested this other individual's actions, conduct, and representations went beyond a former employee that was simply operating a business in direct competition, and was actually one where he was engaging in fraudulent behavior through misrepresenting his business affiliations and his relationship with you to your mutual customers.

While it may be worthwhile to speak with this attorney again to see if there may be something short of an actual lawsuit to stop certain specific behaviors by this individual (if he is misrepresenting himself, perhaps the attorney may feel a letter advising him of his misconduct is appropriate), but I would suggest relying on local counsel for specific advice.

If you do not have confidence in this attorney's opinion (if you feel he did not give your information sufficient consideration, or did not consider all of the facts that you provided to him, or for any other reason), I would encourage you to get a second attorney's opinion.

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