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dylatess
dylatess, Attorney
Category: Legal
Satisfied Customers: 5142
Experience:  37 plus years representing clients with their legal issues
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A year and a half ago I was given an opportunity to buy out

Customer Question

A year and a half ago I was given an opportunity to buy out the remaining inventory of a solar business and start a new company at the same location for 8000 dolars. The previous owner has tax issues (he doesn't pay them ever) and had 2 previous partners that both left after a year. after each partner left he simply started a new business and didn't pay any state or federal taxes. I refused to have him be an official partner because of his tax situation but I agreed to bring him on as a consultant. I also agreed to make his son a 49% partner if he worked at the store full time and ran the business with me. The son has drug/alcohol issues and opted out. I am now the sole owner. The Previous owner hired as a consultant has decided to move on and has taken all of the company contacts and site surveys/quotes with him against my wishes. Most of the customers we have done bids and site surveys for have either emailed him from the company website or called in from the number posted on the site or were walk ins. I am in the process of auditing the books and have found that he has been using the company card for personal use like home depot and gas and cashback. I don't want to pursue anything unless I have to. I am not looking to recover the misused funds. I am looking to prevent him from competing against me and I do want all of my contacts and outstanding bids/surveys. What are my options? Do I have a criminal case? Do I have a civil suite? I would like to be able to explain the severity of his situation and get him to sign a no compete agreement.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
He wrote me a letter explaining his intent to discontinue consulting for my business. He verbally said he was just retiring but I have heard from one of my suppliers he was asking if he could set up a new account and keep doing business with them.
Customer: replied 1 year ago.
he also made unauthorized atm withdraws.
Expert:  dylatess replied 1 year ago.
This is not criminal as no crime has been committed. But it is certainly civil as he has breached agreements between you and him as well as interfering with your customers. to starts, you need to send a cease and desist letter putting him on notice that you will sue if his actions do not stop. If that does not work, you need to meet with a civil litigation attorney who will outline your options. I wish you well.
Expert:  dylatess replied 1 year ago.
This is not criminal as no crime has been committed. But it is certainly civil as he has breached agreements between you and him as well as interfering with your customers. to starts, you need to send a cease and desist letter putting him on notice that you will sue if his actions do not stop. If that does not work, you need to meet with a civil litigation attorney who will outline your options. I wish you well.