On Tue, Jan 26, 2010 at 3:33 PM, Robert Munn <[email protected]> wrote: > Check with a lawyer. I'm not sure you will be able to block him from working > for the client, but that's the least of his problems. He damaged your > business and your reputation and he could be held liable for it.
Disclaimer: I AM NOT A LAWYER - SEEK ADVICE FROM A LAWYER Yes, most non-competes are really not enforceable. Legally speaking you cannot prevent someone from earning a living, and blocking them from working for someone falls into this category. However, any damage he has done to your company's reputation could be something you could use as leverage. I would also examine the contracts you use with your clients. If they don't already contain language barring the client from hiring away your current or past employees (without agreement), it should. This type of contract (between you and the client) may be more enforceable than one with your employee. Also, the fact that he signed a non-compete may not be legally enforceable, but it might be information that the client would be interested in hearing. I would use caution in actually filing suit against him immediately. In situations like this, the threat of action can sometimes give more leverage than the action itself. Once you have initiated a legal process, everyone digs in and you may lose any persuasive power you might have otherwise had. Last thought is this... If at some point you determine that you are going to lose the client either way, be careful not to expend too much energy on getting "revenge" when you might better spend it getting new business to replace this client. At a certain point is becomes a lost cause and pursuing it further may only serve to poison your own business. -Cameron ... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Want to reach the ColdFusion community with something they want? Let them know on the House of Fusion mailing lists Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:311165 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
