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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29062
Experience:  More than 30 years in legal practice.
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I operate a janitorial service, and I recently received a

Customer Question

I operate a janitorial service, and I recently received a termination from one of my clients. I found it odd that they weren't willing to discuss to reasons for the termination. Once I completed my obligation to the account, I came to find out that my employee that serviced the account had reached an agreement with them service the account on her own. I have never had my employees sign a non compete agreement, so I am unsure if I have any legal recourse in the matter. Thank you very much for considering my question.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to provide an honest and accurate answer to your question.
I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.
Even in the absence of a written non compete, there are certain duties, based in agency law, which an employee owes to their employer.
One of the most basic of the duties is the duty of loyalty. In other words, an employee may not use their work time for an employer to operate or set up a competing business. An employee doing so has breached the common law duty of loyalty and can be sued for actual damages, including ALL wages they were paid by the employer.
This is complex litigation and should not be attempted without competent litigation counsel. If you need help finding local counsel try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx
It is a huge worldwide database searchable by location and specialty.
I hope this is helpful to you.  If you have follow up questions feel free to ask.  It is never a problem.
Best regards.
Loren
Expert:  Loren replied 1 year ago.
Did you have further questions? Have I answered your question?
Customer: replied 1 year ago.
my initial question has been answered. I think I may find a local attorney to pursue the matter further. Thank you very much for your assistance. I will need to think about the whole matter before I take advantage of your offer to speak on the phone.
Expert:  Loren replied 1 year ago.

Understood, and you are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.