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Construction Consulting Company

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6

63Caddy

Guest
What is the name of your state? Virginia

Our company provides Construction Consulting Services to large contruction projects in the Washington DC area. On December 5th the Contractor gave us our 30 day termination notice. Today, the contractor went around and spoke to all our employees who provide services to the job. The contractor offered full time employment to all of these people as soon as our 30 days is up.

I do not know if what they did is illegal but it sure seems like it, it definitely violates ethics laws.

Can anyone advise?

Thank you
 


H

hexeliebe

Guest
Tortious Interference with business relationship

It is not unlawful or improper, standing alone, to hire away someone else's employee so long as the person doing so wants to use the employee's services in advancing his own business rather than with the intent of destroying the other employer's business.

This is true regardless of how much the loss of the employee may inconvenience his former employer. The mere fact that someone's activity has injured another in his business does not mean that the latter may recover because, in a free enterprise system, a businessman has no legal complaint concerning a loss resulting from lawful competition, including competition for the services of skilled employees. If the means of competition are fair, the advantage gained should remain where success has put it.

However, a systematic effort to induce employees to leave their present employment and take work with another is unlawful when the purpose of such enticement is to cripple or destroy their employer rather than to obtain their skills and services in the legitimate furtherance of one's own business enterprise.

You will have to prove that the cancellation of the contract was for no other reason than to hire the workers away from you to work for the contractor and you will have to show (prove) harm either in lost work or monitary gains.

It's not an easy road but your first stop should be to speak with an attorney specializing in Business Tort actions.
 
6

63Caddy

Guest
hexeliebe

The contractor has told all the other subs on the job that we were terminated because they did not want to use our "software", they were going to go with the company standard. The problem is that we are not a software company, we are a consulting company, we provide services. Our software contributes about 3% to our revenue every month, the remaining 97% comes from our services..........which is our people. If the contractor terminates us because our services are no longer required then fine but to terminate us then try to hire the specific people back that are providing the service is not right. You see, our job is not finished and they need our expertise to finish the job. It is so obvious that they want the company out but need the knowledge to finish the job and the job isn't done until June of 2004. We work for the contractor, they hired us, they pay us. If all contractors hired companies to gain knowledge of processes and people then terminated them when the time is right and hire its employees is a criminal act in my mind. The employees are powerless because the have to go where the job is. This is Goliath picking on David.
 
H

hexeliebe

Guest
athough I agree with you to a point, your last post adds nothing to your case.

Do as I suggested and speak with an attorney.

Also, do you have a contract with the contractor and if so, is there a termination clause in it?

If there is, what does it say as to the form of termination?
 
6

63Caddy

Guest
hexeliebe

We do have a contract and it does have a termination clause. It is 4 weeks written notice.

Thank you
 
H

hexeliebe

Guest
O.K. and did you receive written notice and if so, what exactly did it say?
 
H

hexeliebe

Guest
Then you are not fired.

Take your contract to an attorney and get a second opinion. However, if I were you (depending on what the attorney tells you) I would simply ignore the verbal firing of the firm and at the end of 30 days if they tell you to leave the premesis, tell them that the contract requires a 30-day notice.

If they try to hire your workers away Before the end of that 30 days, you have grounds for a tort action.

If the contract says 30 days written, that's what you wait for.
 
H

hexeliebe

Guest
Hey, anyone with a 63Caddy is alright in my book. But please have your attorney review the contract before doing anything.

And there may be other replies here so wait around for a day or two.
 

HomeGuru

Senior Member
hexeliebe said:
Hey, anyone with a 63Caddy is alright in my book. But please have your attorney review the contract before doing anything.

And there may be other replies here so wait around for a day or two.
**A: Huh? I though he was a 63 year old golf helper.
 
6

63Caddy

Guest
HomeGuru/Hexeliebe

Hey guys, I think I can do both, just watch out for my driving!

Thanks again for the input
 

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