EX Employee works for a competitor although he signed a NDNC

[gadgetsrepairhq]

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

I run 4 retail stores of consumer electronics repair, very briefly each employee has to sign a non-disclosure non-Compete agreement when they start employment, the most important item in this agreement that if an employee leaves the company, they can�t work for any similar business within 50 miles.

almost a month ago, "John Doe" left his job, he said he found a job as CPA assistant and almost 2 weeks ago I found out that he works for a my worst competitor, I didn�t care much as John Doe was not a good technician and I kept him as a backup, but much worse he came to a store of mine and told my employees how much money he gets paid, how wonderful the other company being run, how they make 10 times the money we are making, ....etc., and what drove me crazy is he tried to steal my employees to my competitor.

I think that is he sent from my competitor to shake the confidence in my employees, and get me out of business since I can�t operate without skilled labor that I spent a lot of money on courses, research and development. He told my employees that the agreement he signed with me has no value because it should have been signed in front of a notary and his new boss will defend him in case I decide to go to court to sue him.

Are there any legal steps I can take to stop this backstabber from communicating with my employees?

Thanks

 

[cbg]

A very, very weak maybe, but it is definitely not a DIY project. We have free speech in this country; he is allowed to speak to his former co-workers and to try to convince them of how much better a place you are in.

I HAVE seen a situation where a court ruled that a former employee was not permitted to solicit his former co-workers to come work for him, for a period of one year. However, the situation was not in your state and the new employer had made the mistake of saying, in writing, that his intent was to put his old employer out of business. Without such a declaration (even with the same perceived intent) it might be rather difficult achieve the same results.

You will first have to have an attorney review the NC agreement and see whether it is even enforceable under the law. If it is, you can investigate with that attorney whether a no-solicitation ruling is either possible or appropriate. You MIGHT have a very slight chance in that case. If it isn't, then IMHO you haven't got a prayer.

 

[Mass_Shyster]

You can send (Certified, return receipt requested) the ex employee a letter telling him he is banned from your stores, and that you will file a criminal trespass complaint if he ever sets foot in your store again.

You can sue to enforce your non-compete, but you should expect you legal fees to run five or six figures in the process.

 

[tranquility]

While older, the legal development of FL law on non-competes is here:
http://floridamediationgroup.com/articles/spero/2000_Employer_employee_non-compete_agreements_in_florida.html

The fact you are simply having each employee sign one is probably not going to be in your favor to gain any benefit from the non-compete.

Have you had an attorney review your non-compete agreements?

 

[gadgetsrepairhq]

You can send (Certified, return receipt requested) the ex employee a letter telling him he is banned from your stores, and that you will file a criminal trespass complaint if he ever sets foot in your store again.

You can sue to enforce your non-compete, but you should expect you legal fees to run five or six figures in the process.

this letter would be the greatest first step that will do tomorrow, at least he would know that i am serious.

5 or 6 figures!!!i do not think our industry worth it at all, espcially with this John doe, he was not a big value to the company, what really pisses me off that he became a snitch and approached all my skilled labor to work for my competitor, he is trying to dry me out of labor so i would go out of business.

 

[gadgetsrepairhq]

While older, the legal development of FL law on non-competes is here:
http://floridamediationgroup.com/articles/spero/2000_Employer_employee_non-compete_agreements_in_florida.html

The fact you are simply having each employee sign one is probably not going to be in your favor to gain any benefit from the non-compete.

Have you had an attorney review your non-compete agreements?

no, i havent made any contacts with any attorney yet.

i believe this is all planned by my competitor, he tried to buy me out 2 years ago and i refused, he used to tell me that his goal is " let us kick this guy out of business", that is what is trying to do now , by sending my ex employee to my current employess and trying to hire them.

can i send my competitor any letter that he can be sued or any other reason?

 

[cbg]

Not at the present time. Not and be believeable.

Talk to a lawyer first. This is a long shot at best and the last thing you want to do is jump the gun.