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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have proof my x-employee stole confidential info and customer

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I have proof my x-employee stole confidential info and customer list from my small company which stopped 60% of my business. How do I get the law to take him to court and pick up the tab because I do not have the money to do this? Help! Sinking Fast!
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. You state that you already have an attorney but you and him are not agreeing on the amount to be paid, etc. Are you asking what can be done if you get another attorney, for example? Or what to do yourself, should you choose to attempt this pro se (i.e. without counsel)?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.
If I hand over the evidence to someone in the legal system who would that be that would prosecute him? How do I get the law to go after him?
J,

Thank you for your clarification.

When you say "stole," how exactly did they do this? What did they do? Did they break in? Trespass? Or take it upon being fired? What happened?
Customer: replied 3 years ago.
They were given a position of authority over other workers and he was signing their nondisclosures with them. He was in charge of the customer list, credit card info and basically he co-managed the small company from about 7am to noon and the second manager would come in and take over.
He took both lists and said he destroyed them but just as soon as he was let go 60% of the top company customers that were on that list were gone with him. The computer he was using was not his so we obtained it and had a third party ferinsic company do the research and got us all the info to prove our case. Rock solid. We just do not have the money to pay $100,000 to a lawyer that does not do anything because we are a new startup company working from the seat of our pants. No money at present. HELP! WHO DO WE GO FOR HELP?
Thank you, J.

On this website, I am afraid that I do not always get to give good news, and this is one of these times.

Under RCW Chapter 9a.56 (see here), this does not quite qualify as theft, arguably. Ergo, this would not a criminal matter, but a civil matter. In other words, you would seek relief in civil court.

Here, this individual may be sued for interference with business relations. The elements for the tort of interference with business relations have been repeatedly stated [] as: (1) the existence of a valid contractual relationship or business expectancy; (2) knowledge of the relationship or expectancy on the part of the interferor; (3) intentional interference inducing or causing a breach or termination of the relationship or expectancy; and (4) resultant damage to the party whose relationship or expectancy has been disrupted. Calbom v. Knudtzon, 65 Wn.2d 157, 162, 396 P.2d 148 (1964). See also, F.D. Hill & Co. v. Wallerich, 67 Wn.2d 409, 407 P.2d 956 (1965); Corinthian Corp. v. White & Bollard, Inc., 74 Wn.2d 50, 442 P.2d 950 (1968).

In brief, the tort consists in the wrongful interference with an existing business relationship between parties, in which inhered a reasonable expectancy of fruition except for such interference, and damage resulted therefrom. FD Hill & Co. v. Wallerich, 407 P. 2d 956 - Wash: Supreme Court, 2nd Dept. 1965.

But the case would have to be pursued in civil court. Unfortunately, no state/federal agency would help you here (as this is not a criminal matter), and it would be up to the company to litigate. I am very sorry.

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