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  #1  
Old 08-31-2009, 11:30 PM
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Join Date: Aug 2009
Posts: 2

Forced to shut down website?

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

A person starts a website blog (selling nothing),while working for another company in the same field.

A non-competing contract was never signed.

That company found out and fired the person and turned around and sued for "damages" as a result of returning private messages from people on their forum and saying that they "no longer work for that company and if you need me I can be found at xxxxxxxx.com website"

That company sues for "damages" and wants to force the website blog to shut down within 48hrs.

Can they actually force a website to shut down?



I understand termination (sort of) but force a website to shut down?
  #2  
Old 09-02-2009, 05:55 AM
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Join Date: Sep 2006
Location: Missouri Ozarks
Posts: 2,923
Quote:
Originally Posted by Mattgq View Post
What is the name of your state (only U.S. law)? California

A person starts a website blog (selling nothing),while working for another company in the same field.

A non-competing contract was never signed.

That company found out and fired the person and turned around and sued for "damages" as a result of returning private messages from people on their forum and saying that they "no longer work for that company and if you need me I can be found at xxxxxxxx.com website"

That company sues for "damages" and wants to force the website blog to shut down within 48hrs.

Can they actually force a website to shut down?



I understand termination (sort of) but force a website to shut down?
Did the person blog at work? On company time?
  #3  
Old 09-02-2009, 10:04 AM
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Join Date: May 2006
Location: I dunno. What time is it?
Posts: 1,321
Quote:
Originally Posted by Mattgq View Post
What is the name of your state (only U.S. law)? California

A person starts a website blog (selling nothing),while working for another company in the same field.

A non-competing contract was never signed.

That company found out and fired the person and turned around and sued for "damages" as a result of returning private messages from people on their forum and saying that they "no longer work for that company and if you need me I can be found at xxxxxxxx.com website"

That company sues for "damages" and wants to force the website blog to shut down within 48hrs.

Can they actually force a website to shut down?



I understand termination (sort of) but force a website to shut down?
The only way they can force the website to be shut down is with an injunction. They can demand the site to be shut down, but that carries no legal weight.
  #4  
Old 09-02-2009, 10:45 PM
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Join Date: Aug 2009
Posts: 2
Quote:
Originally Posted by Ozark_Sophist View Post
Did the person blog at work? On company time?
no, blog website was only done after all work was completed and person in question went home for the day.


they company takes offense and says that it is a "competing website" ... when anyone with eyesight can see its actually not even remotely close...lol
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