Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law
This answer was rated:

My business is in the Shuttle Service industry. I have a former

My business is in the...
My business is in the Shuttle Service industry. I have a former employee that worked for me that I had to fire, because of various reasons, dishonesty, misuse of vehicles, and failure to follow instructions. He worked for us for several years give or take. The last time fired I created a monster or my own competition. He purchased a vehicle a started his business on Travis Air Force Base where he worked with my company. Now customers are thinking this person still working for me. Of course, he is not telling them anything different. Is there a law to make him go somewhere else to do his business? At first I kept him off Base because he did not have the right qualifications to shuttle on base. What can I do to move him legally to somewhere else to do business? Joseph
Show More
Show Less
Ask Your Own Business Law Question
Answered in 11 minutes by:
7/28/2013
CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10,244
Experience: I am a businesses law attorney, with experience advising and representing owners and investors.
Verified
Dear Customer, thank you for choosing Just Answer. I would like to help you today.

This type of conduct is the "tortious interference with business relationships". The individual is using illegal (non-regulated) and fraudulent means to compete with you.

You may file a court action against him under this cause of action, and immediately request an injunction to stop him from doing this during the lawsuit.
CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10,244
Experience: I am a businesses law attorney, with experience advising and representing owners and investors.
Verified
CalAttorney2 and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Is this something I can do here in Calif.? What is the step I need to do, get a lawyer here? Do I have to serve the petition? This man is causing all kinds of problem in our home. Some customers are telling me he acts as if he still works for me. I need to work real fast. Please walk us my son and I through this. Put this business together for almost 10 years.

Dear Customer,

These types of claims can be brought without an attorney, however, it can be difficult to follow the required procedures when you are not familiar with the process.
If the damages caused by this individual are $10,000 or less, you may file in small claims court without an attorney and with simplified civil procedure rules.

If your claim is greater, you must file either a limited or unlimited civil action, both of which benefit from having an attorney.

If you need assistance finding an attorney, you can use the California Bar association website calbar.org www.Martindale.com or www.avvo.com.

To find out more about the litigation prices itself, I would recommend the California courts small claims self help site. Even if you end up filling a general civil action three rules of service and basic principles of procedure are the same.
Ask Your Own Business Law Question
Customer reply replied 4 years ago

Mr. "B" Thanks for the referrer, but I am unable to make any contact with a lawyer yet.

This," tortious interference" do this mean as a formal employee he should not have a business in my area. Is that because the customer will see him as still in my business? I am willing to put out a couple of thousand dollars to get this done. Do Mr."B" know of an Attorney I can contact?


Joseph

The reason you may have a claim is because he is representing himself as s an employee.

I don't have any specific referrals (we cannot provide them through this service) but a qualified attorney in your area should be able to assist you - check your phone directory or online for your local bar association, they may have more referrals.
Ask Your Own Business Law Question
Customer reply replied 4 years ago

Mr. "B"

I did talk to an Attorney. However, he said I do not have a case because the guy have the right to a business to make a living. The Attorney add I would have a hard case to prove. He advise me not spend up my money. Let it go, what is this guy talking about?

Joseph

The reason you have a difficult case is that the other individual does have a right to pursue his own business in direct competition with you. What he may not do is represent himself as your employee while he is doing it.

My information is based on the general legal principles, you may have a cause of action here, and I can tell you that there is a way to go about pursuing it. Speaking with an attorney in person however, gives you the additional perspective of an attorney that can review all of the facts specific to your case and give you not only legal information, but also a case analysis, including a cost/benefit analysis.

The reason I suggested the proposed potential causes of action was that you suggested this other individual's actions, conduct, and representations went beyond a former employee that was simply operating a business in direct competition, and was actually one where he was engaging in fraudulent behavior through misrepresenting his business affiliations and his relationship with you to your mutual customers.

While it may be worthwhile to speak with this attorney again to see if there may be something short of an actual lawsuit to stop certain specific behaviors by this individual (if he is misrepresenting himself, perhaps the attorney may feel a letter advising him of his misconduct is appropriate), but I would suggest relying on local counsel for specific advice.

If you do not have confidence in this attorney's opinion (if you feel he did not give your information sufficient consideration, or did not consider all of the facts that you provided to him, or for any other reason), I would encourage you to get a second attorney's opinion.
Ask Your Own Business Law Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: I am a businesses law attorney, with experience advising and representing owners and investors.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
If I have a business registered in the state of A, and I
If I have a business registered in the state of A, and I live in the state of B. I plan to open a business account. In which state, A or B, I should open the business account, from legal perspective a… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We are looking to start a business and i was was wondering
we are looking to start a business and i was was wondering if we are allowed to trademark a name? i looked it up and a portion is already trademarked by multiple businesses. so multiple businesses can… read more
Lori
Lori
Juris Doctor
256 satisfied customers
My business is registered in Delaware as an LLC with a
Hi Pearl, my business is registered in Delaware as an LLC with a partner. My partner is no longer with the company. I would like to move the business to PA where I live. I am also changing the name of… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
Can a proprietorship business be bought and sold? Is
Can a proprietorship business be bought and sold? Is proprietorship business considered to be legal entity? I am the seller and have separate tax id for this my healthcare small business..A buyer gave… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it legal for a business to offer their services to
Is it legal for a business to offer their services to individuals of families that live on or below our government's difinition of the poverty level… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
There seems to be an attempt to acquire my business assets
There seems to be an attempt to acquire my business assets while my business is temporarily incapacitated due to the damage sustained during hurricane Irma. There are two parties represented by two at… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What liscences are needed to open a juice bar in nyc other
Hi. What liscences are needed to open a juice bar in nyc other than a health dept permit … read more
lawyerJ
lawyerJ
Juris Doctorate
143 satisfied customers
Business consultant. I started a new business that will
business consultant. I started a new business that will offer 50 percent discounts on products and services. How can I get an email list of potential users of my new product? Either how grown or purch… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I decided to sue my business partners. The business is going
I decided to sue my business partners. The business is going to operate in Panama city beach Florida but we live in Pembroke Pines Florida. What court should i use for this? … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
If I start a new business and want to to create three
If I start a new business and want to to create three sources of revenue; a movie, a book, and a spin off media website, do I need three different entity businesses? Or, do I put it under three separa… read more
Bill Attorney
Bill Attorney
law
1,582 satisfied customers
A business executive candidate asked a business owner about
A business executive candidate asked a business owner about the details of the business' technology at a meeting. The business owner's IP attorney advised the business owner not to disclose the techno… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I graduated from Law school I took the bar exam in Florida,
I graduated from Law school I took the bar exam in Florida, but I have not yet pass the bar exam. Florida has completed the character and fitness investigation, and already issued me the notice of com… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I have a bar in New Rochelle and I'm interested in getting a
I have a bar in New Rochelle and I'm interested in getting a hookah license … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
Can a lawsuit be filed for cause of action misappropriation
Can a lawsuit be filed for cause of action misappropriation of name/likeness where a business, without authorization, falsely claims a party is a "managing partner" of a limited liability company?… read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
378 satisfied customers
I am an accountant for a c corp, it is a restaurant/bar with
I am an accountant for a c corp, it is a restaurant/bar with an illinois liquor license. He want to open another bar and not use the full name of the corp. Can he do a D/B/A under the corp. Does he th… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
A question about contract consideration. Hypothetical.
A question about contract consideration. Hypothetical.Please take at face value.Landlord and tenant enter into a commercial lease for 24 months for a commercial suite. Landlord obtains a personal guar… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I sold my business (bar) to a person I have a contract. He
I sold my business (bar) to a person I have a contract. He took over the first of DE em … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
Is there a legal term of "cause of action" that one can
Hello,Is there a legal term of "cause of action" that one can theoretically bring forth against an attorney for misrepresenting facts and ridiculous threats? I've been dealing with an attorney that is… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x