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CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10244
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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Mine is a complex question. I had a corporate 19 year

Customer Question

Mine is a complex question. I had a corporate 19 year relationship with a fortune 100 company that resigned agreements every few years . They're were people in the purchasing dept that wanted another company but they were always overruled . Simply put out agreement had varied contract to contact but always either were able to be terminated immediately or given a 30 day cure period . Sometimes the rfp was in conflict to what was actually signed . Anyways it came to a point that our company had some union disputes which stopped work for a few days which those who wanted me out seized the opportunity to terminate me and bring my competitor in . So whether I liked it or not , they removed me immediately . Now , here is the issue . Before they removed me they conspired with my competitor to take all my employees , who never actually quit , and out there on their payroll and continue like noting happened. When I tried to contact my foreman of 15 years , he just ignored me , so essentially certain employees of this fortune 100 company conspired with my employees ( offering more money to them ) and with my competitor to steal my account / company from right underneath me . They even refused to return our tools and equipment . Now we were there for 19 years and which my company developed certain trade practices to stream line costs for our client which could fall under propriety trade practices .My question is do I have a case for tortes interference , conspiracy to harm me and my company , fraud , unfair business practice etc ? We are talking 10 's of millions at stake here .
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am terribly sorry to learn of this situation.

Unfortunately, the very direct answer to your question today (within the scope of this forum) is that you need to contact a local attorney to go over all of this with you, there are simply too many individuals/entities involved and too many very detailed facts and contracts that must be reviewed to give you an answer as to whether there would be a cause or causes of action (and who would be the liable party or parties for such a claim).

  • -In general, your employees are not going to be liable or responsible to you. Even if you have a non-compete agreement, trade level employees are not going to be bound by these
  • -Your Union may be liable to you for breach of contract depending on what your contract says with them (but I am a little unclear here on what the status was of your company (you say that your company decided to remove you - so are you removed as the head of your company, or was your company simply removed as the providing contractor and you retain ownership/control of your company)
  • -The Fortune 100 company that you were in contract with may be liable to you for breach of contract (and potentially tortious interfence with potential economic opportunity - this is not a very commonly successful claim, but you could argue it), but unfortunately, the written contracts that you have are going to be given a great deal of consideration even if they were ignored in the past.
  • -The use of streamlined processing is not a terribly successful claim for trade secret, it is not a proprietary formula or secret ingredient, it is simply a way of doing something. So this claim, while it can be argued, should be done with an understanding that it is going to be significantly discounted in settlement or judgment.

But again as you can see, all of these claims are very complex, and the relationships will require a much more detailed examination by a local civil litigation attorney.