extortion or blackmailing?

[okokokokokok]

What is the name of your state (only U.S. law)? California

wondering if I have committed a crime here.

I hired someone 2 years ago for a job, he signed an agreement saying he won't solicit my client. Then my client disappeared and I didn't think much of it.

I have good reason to believe during the past 2 years, he has been providing service to my client without my knowledge.

I sent him an email, requesting he cease and desist all contact with my client, and provide a written notice within 7 days confirming he won't be providing any more service to my client.

Then at the end, I wrote "should we not receive this written notice from you within the next 7 days, we will file a lawsuit against you for our damages"

I dont really understand the law, but that last sentence sounds like extortion to me, because extortion is basically "if you dont do this, I will do that"

Have I committed a crime here?

 

[Ladyback1]

What is the name of your state (only U.S. law)? California

wondering if I have committed a crime here.

I hired someone 2 years ago for a job, he signed an agreement saying he won't solicit my client. Then my client disappeared and I didn't think much of it.

I have good reason to believe during the past 2 years, he has been providing service to my client without my knowledge.

I sent him an email, requesting he cease and desist all contact with my client, and provide a written notice within 7 days confirming he won't be providing any more service to my client.

Then at the end, I wrote "should we not receive this written notice from you within the next 7 days, we will file a lawsuit against you for our damages"

I dont really understand the law, but that last sentence sounds like extortion to me, because extortion is basically "if you dont do this, I will do that"

Have I committed a crime here?

Definition of EXTORTION:

Law. the crime of obtaining money or some other thing of value by the abuse of one's office or authority.

Do you still think you've committed Extortion?

Definition of BLACKMAIL:
any payment extorted by intimidation, as by threats of injurious revelations or accusations.

 

[okokokokokok]

Definition of EXTORTION:

Law. the crime of obtaining money or some other thing of value by the abuse of one's office or authority.

Do you still think you've committed Extortion?

Definition of BLACKMAIL:
any payment extorted by intimidation, as by threats of injurious revelations or accusations.

the definitions of these things are like 10 paragraphs, it's not that simple.

 

[Ladyback1]

the definitions of these things are like 10 paragraphs, it's not that simple.

I suggest, then, you Google "legal definition of extortion"--and figure it out yourself.

 

[okokokokokok]

I suggest, then, you Google "legal definition of extortion"--and figure it out yourself.

oh my god, you are a genius. I did NOT think of googling it before posting here. did you figure out that solution on your own, or did somebody help you?

 

[Ladyback1]

oh my god, you are a genius. I did NOT think of googling it before posting here. did you figure out that solution on your own, or did somebody help you?

well, obviously, I'm smarter than you. I have figured out whether you've committed a crime or not, based on what you have posted.

You had your employee sign a "non-compete" clause or something similar, correct?
So, you should probably figure out if the non-compete clause (or similar) is legal (can't tell ya' without seeing the verbiage of it) and whether non-compete clause (or similar) is enforceable in your state. If it is a legal clause/contract, and it is enforceable, you will have to be able to prove a loss, and/or prove that the loss was a direct result of your employee failure to abide by the piece of paper he signed.

If you are owning/operating a business, you should have an attorney to advise in legal matters because you are woeful inadequate in that aspect of things.

 

[quincy]

What is the name of your state (only U.S. law)? California

wondering if I have committed a crime here.

I hired someone 2 years ago for a job, he signed an agreement saying he won't solicit my client. Then my client disappeared and I didn't think much of it.

I have good reason to believe during the past 2 years, he has been providing service to my client without my knowledge.

I sent him an email, requesting he cease and desist all contact with my client, and provide a written notice within 7 days confirming he won't be providing any more service to my client.

Then at the end, I wrote "should we not receive this written notice from you within the next 7 days, we will file a lawsuit against you for our damages"

I dont really understand the law, but that last sentence sounds like extortion to me, because extortion is basically "if you dont do this, I will do that"

Have I committed a crime here?

If you are a business owner, you might want to look at California's Business and Professional Code section 16600 and revise the terms of your employee agreements accordingly: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=16001-17000&file=16600-16607.

With very few exceptions (that do not appear to apply to what you describe here), non-compete clauses in contracts are unenforceable in California.

I suggest you stop harassing your former employee.

You should also apologize to Ladyback1. Rudeness to the volunteers on this site is not at all appreciated. I hope you treat your clients and your employees better.

 

[dave33]

the definitions of these things are like 10 paragraphs, it's not that simple.

At this point, or really at any point, you do not have to worry about an extortion charge or anything similar.

First a complaint would need to be filed, then the states attorney would have to make the unlikely decision to charge you with a criminal act. None of these has happened (according to your post).

Move on with life. The thread is vague. If this is highly important to you, figure out another course of action. goodluck.


Also, being rude to the other volunteer trying to help will gain you nothing.

 

[quincy]

What is the name of your state (only U.S. law)? California

wondering if I have committed a crime here. ... because extortion is basically "if you dont do this, I will do that"

The law is sort of like medicine in that people will often read legal definitions online as they do medical symptoms online - and become convinced that a law means they committed a crime or a symptom means they have a disease.

Just like there is much more to the flu than the sniffles, there is much more to extortion and to blackmail than an emailed threat to sue over what you believe is rightfully yours (a client).

I think you might be smart to review your employee agreements with a professional in your area, to see if revisions are necessary.