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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3818
Experience:  Contracts, Wrongful termination and discrimination
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Hello I am the business owner. My former employee has been

Customer Question

Hello I am the business owner. My former employee has been reduced due to unemployment one month ago. Now We have a problem. Stopped working computer program which he had written for me. Under the threat of stopping all of the company. Can I call the former employee to write a manual that he had to write on the job time and pay him for the same price as he worked. Does he have the right to refuse me and do not fix his programs bugs.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Zachary replied 9 months ago.
Hi,

My name is XXXXX XXXXX X will be assisting you with your legal question.

If this person was an employee, then he is under no continuing obligation to you to further work on your business computing issues and he is not a guarantor of the work that he performed.

That being said, there is absolutely nothing preventing you from contacting the former employee and asking him to do some follow up work to fix the programming bugs or write a manual. You can hire him back as an "independent contractor" on the job and allow him to set his own hours and provide his own work tools as long as he completes the job by a certain date. You can also ask instead that he come back in as a temporary employee and perform the job.

However, he does have the right to refuse to work further for you in any compacity.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3818
Experience: Contracts, Wrongful termination and discrimination
Zachary and other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you Zachary for fast reply .


The fact that I am in a business trip abroad for two years. This former employee opened his own company and is now blackmailing me to work through his company for $ 200 per hour.


Since no one feels bad to sort out its program. He went to it for a long time. I cut the employee because he became ill to work because he was busy with his business.


It is simply unrealistic to pay $ 1000 for 5 hours of work he does blackmail
I paid him six years from month to month $ 3,000. What do you advise to me?

Expert:  Zachary replied 9 months ago.
Hi,

I apologize for the delay. I need to know a bit more about this situation:

1. Did the employee sign any sort of contract with you regarding the ownership of the intellectual property concerning any software he created for you while in your employ?

2. When you say blackmailing you, what do you mean?

3. Did the employee do anything to sabotage the software prior to leaving? In other words, did the employee, while he was employed for you, do anything intentionally to harm your business?

I'm going to have to step out of the office for the remainder of the afternoon. I will check back with you later on this evening to see if you have responded. At latest, I will respond to you tomorrow morning.

Thanks for your patience.

-ZDN
Customer: replied 9 months ago.

1. Did the employee sign any sort of contract with you regarding the ownership of the intellectual property concerning any software he created for you while in your employ?


 


This is my problem i only believed him ,No papers . He said I did not sign anything with you and have a right to do what I think.



2. When you say blackmailing you, what do you mean?


 


He says that will not work in any way except as a company SpliceTell.


Who's the president of the company and who the managers I don `t know it this time . Most likely, the company has an employee of the accounting firm that served me a year ago, my former employee and one contractor that I hired to work before.He has put me two Bills one for $ 250 second for $ 1,000. From unknown company. But he trying to get unemployment comp.


 


3. Did the employee do anything to sabotage the software prior to leaving? In other words, did the employee, while he was employed for you, do anything intentionally to harm your business?


 


He switched clients from my phone company to another. To the SpliceTell the company I think it's his company.


He did the work for their clients in my office hours.
He refused to write a manual for the program that wrote to me and to teach others


He refused to sign a non-disclosure agreement COMMERCIAL secrets
He refused to sign the agreement on the inadmissibility of conflicts of interest



This is the story of one year



We have lost more than $ 500,000 for the year. Now I almost have nothing to pay salaries and do not even have money for a lawyer. Just a couple of guys decided to steal my business and I'm trying to save the business at the distance of 10,000 km


 


 


Expert:  Zachary replied 9 months ago.
Thank you for your response.

I am glad you provided this information. It sounds as if you might have a case of tortious interference with your business and a case of misappropriation of trade secrets. I say this because it sounds as if this former employee did not act alone, but in concert with his new employer to force you to use their services after he left. He owed a duty to act only for you when he was your employee, and not against your business's interests.

As this is the case, I suggest contacting a local attorney for a closer look at your case to see if you should file suit against the former employee and his new employer.

Please let me know if you have any other questions.

-Zachary

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