Contractual Disgusting Slander + Post Personal/Customers Info + Blackmail/Theft

State - North Carolina

We hired a contractual customer service company which worked well for us for over 18 months.

A few months ago, the employees for that company started to show signs that they were getting lazy, and stopped taking care of customers, and handling issues. They would all often show up late, skip work early, take 3 hour lunch breaks, and never report with their managers. Then they demanded raises which we gave them in order to hopefully boost their work performance. Instead we received the opposite effect as they got even lazier, and it came down to the point the contractual company was not managing the employees properly and it was time to cut ties with them. We gave them a 30 day notice which we didn't have to do that we were going to terminate the employees immediately and pay them 30 days without needing to work even though they were a contractual company who hired employees and we had no responsonsibility.

After we gave notice, the employees decided instead of cooperating they would post personal information about us including addresses phone numbers and family information, bash us (things they wrote are so bad that it becomes disgusting), and then they started posting customer information, and key company information. The company information they stole when they were accessing someones PC they should not have been.

The contractual firm refused to help as they had no more agreements with us. As a result, we approached them to remove it in exchange for 30 days salary, they grouped together and demanded 60 days. Instead of being blackmailed, we refused to cooperate, and here we are.

It got so bad we are ready to now pursue a case against them. Now the question is what do we exactly do? We could go after the managers, but they didn't post the information. We have no agreements with the employees, only with the contracting company. The agreements do not talk about the employees. All we want is the information removed, and we believe that even if we paid them, they wouldn't remove it as they wanted payment before they removed it. They wouldn't even accept half, they wanted 100% up front.

What do you suggest we do?

We are in North Carolina
They are in Pennsylvania

The contracting firm is responsible for the actions of their employees. Did your contract with the service provider specify that the employees comply with any nondisclosure requirements?

Get your lawyers to write a strongly worded cease and desist letter to the managers, employees, and company they worked for. If that doesn't work, then let your lawyers figure out who to sue. You do have lawyers for your company right? At least one?

Response

RESPONSE TO LAST COMMENT

We already sent cease and desist certified to all of them, they responded with blackmail.

In terms of the NDA, it's very standard and yes it specifically says anyone they employ. The service provider (contractual company) we know has breached the agreement, the issue is they have no control over the employees, and the information is extremely damaging and we simply need it removed immediately, not in a year.

They may not have "control", but they have the legal responsibility.

What do you suggest we do? Go back to your lawyer and discuss taking criminal and/or civil action against the service company and the individuals posting these comments.

BTW - lesson to be learned - you NEVER reward poor performance with pay increases. That never, ever boosts work performance. It just sends the message that they can get paid more for doing less. It's no wonder they got even lazier.

My father had a saying.

In all the world, there are only two kinds of problems. Your problems and problems that are NOT your problem but want to BECOME your problem.

The company that you hired had a contractual obligation for a specific set of circumstances and behavior. They were to hire appropriate people to fulfill that contract.

The fact that they did not is NOT your problem. It is their problem. They should have resolved that problem. They did not.

It was NOT up to you to resolve that problem.

It is now not your problem that their employees screwed up. You sue whomever you had a contract with and let them worry about their own mess.

Response

Thank you for everyone,

We already planned on suing the contractual company, but in the meantime how do we REMOVE the content posted the fastest. I am specifically referring to removing all the customer/personal comments/information that was posted.

Thank you!

Mark-Brady said:

Thank you for everyone,

We already planned on suing the contractual company, but in the meantime how do we REMOVE the content posted the fastest. I am specifically referring to removing all the customer/personal comments/information that was posted.

Thank you!

Click to expand...

Are you talking about online postings? Have your lawyer send a C&D letter to their ISP, indicating that this information is covered by an NDA. Depending on who it is, they might capitulate. If not, you will need to file in court ASAP and get a judge to order it, as well as issue a temporary injunction to keep the data and transactional logs of the account for use in litigation.

Response

That is the problem, it was posted all over the place.

complaintsboard
ripoffreport
multiple blogs

These companies pretty much did not care when we contacted them.

If I were this company, I'd be saving my money to write you a check with a lot of zeroes on it.

Mark-Brady said:

That is the problem, it was posted all over the place.

complaintsboard
ripoffreport
multiple blogs

These companies pretty much did not care when we contacted them.

Click to expand...

Yeah - that's expected. These sites serve as a "gripe forum" for disgruntled customers, so they're well accustomed to getting well-drafted legal threats that may not amount to anything.

You need to get the gears moving on this YESTERDAY my friend. The longer it sits out there, the messier it'll be for you.