Thank you for your question. Please permit me to assist you with your concerns.I do agree, you do have a potential suit here, specifically on the basis of "tortious interference with a business interest'. This is a civil violation or tort that you can pursue if you can show that someone is (1) intentionally aware of existence of valid contractual relationships between you and third parties or a valid business expectancy of a contract between you and third party, (2) the defendant is aware and has knowledge of this relationship or expectancy, (3) he intentionally interferes with the defendant by inducing a breach of contract or a breach in the expectancy, and (4) there are damages.In addition, there is arguably a fiduciary duty violation and breach of duty owed to the company as a whole when he began competing exactly against the company which he was an officer of. Both of those major claims, including the lesser claims such as fraud, misrepresentation, and potentially a claim for 'conversion' (theft) of documents can be pursued. This is a suit that you can pursue via a business law attorney that has experience both with litigation and contracts. These are fairly complex claims so retaining counsel is wise. Consider browsing the listings at www.avvo.com and www.martindale.com for local counsel who may be able to assist you.Good luck!
We did not have him sign a non-compete, will this have any effect on whether we can still pursue? And could I also sue the our former salesman who is working for him and using our contact lists? And another employee that is also working for him handed in his phone with all the contacts deleted. Very important contacts. Could we have a case against him as well. And what is the statue of limitations on cases like this?
Kim,Thank you for your follow-up. My answer assumed that there was no non-compete agreement in place, because if there was, he would also be potentially able to be sued for breach of contract. Competing directly against you would not be a violation, but what matters is HOW he was competing--here, he was using internal information to disrupt and undercut you, since he knew those pricepoints and also stole their contact information. You likewise may have a claim against the other emplyee for conversion (theft) of business documents. Florida would have a 4 year statute in this instance for your claims of damage to you business.Good luck!
Thank you very much!!!!
I now have a direction.
Have a great evening...
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