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Cheated out of my hard earned business!

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T

timtaylor

Guest
What is the name of your state? Georgia

I have recently lost my business to a person I contracted to work for me. Do I have any recourse? I built my restaurant cleaning business from ground up by created a method of maintenance where I did the initial up front thorough cleaning, waxing, and sealing, and then trained a contractor to handle ongoing maintenance sweeping, mopping, wiping, etc. eavery day. My service was somewhat more expensive than other similar companies, because I provided noticeable higher quality and were much more reliable and dependable. Also, I did not force restaurants into binding 6 or12 month contracts. I would sell my service by saying, "Try me out for a few weeks, there is not obligation to keep me, all I ask is that you give me 2 week's notice if you decide you don't like my service". I acquired a whole chain of restaurants this way, and provided continued cleaning service to them for over 2years. My problem comes when a friend of mine, Dan, was having financial probems and asked me for a job. I hired him as a contractor for 2 of the restaurants. Then I hired his 2 roomates also. Dan was always very helpful to me and offered to assist me whenever I needed help. Around April of this year, my family had some serious medical and financial problem that affected my ability to tend to my business, I asked Dan to help me by having him address some customer issues directly. In June 10th, Dan calls me telling me that the restaurants are very dissatisfied with my business and were going to replace me. I called one of the restaurant managers and he told me I was fired and that night would be my last night he had no real reason. I asked around some more to other contacts at the restaurant and found out the new companies name. I immediately recognized the name to be associated to Dan. To make a long story short, It turns out Dan disparaged me to the restaurant managers, got in cohoots with one of them and his roomates to set up a corporation that took over all the my service contracts by perfoming the same service at a $250 cost savings from mine per month. When I first hired him I had him sign a Non-competence agreement, but can't find the document. I believe he may have taken it from my files. Do I have any recourse here???? can I sue the restaurant chain?? What can I do to Dan?

I will greatly appreciate and assistance.
Thanks,
Timothy
 


J

JBK in Georgia

Guest
You may very well have claims against this guy. In any employment agreement, there is a general duty of good faith and fair dealing. If, while employed by you, he used his position to solicit your customers, he may have breached this duty, regardless of whether or not you can find the non-compete. Depending on the circumstances, you might also have claims for tortious interference with contractual relations, breach of the non-compete and other claims. While the restaurant chains are free to choose whatever provider they want for services, there are limits to what a current employee of a vendor can do to divert business from his employer.
 

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