Competitor trying to interfere with business

[above82]

What is the name of your state FL

Im not sure if this is the correct area of the forum for this but heres my question...kind of long but needs the full explanation.

I am an independent contractor for a roadside assistance company. We provide jump starts, lockouts fuel delivery and tire changes for mostly allstate customers who have their roadside coverage.

I also work another job after hours.

Another competitor came into my job and asked me if I was the one who did this type of service, my truck has the company name on it with road and lock services, I said yes, she said that you are supposed to have a license to do these services and she has called the state and filed a cease and desist on our business until the proper licensing is obtained. I told her I work for a big nationwide company and I am positive we are doing everything within legal mean. She also said we are taking away business from her company.

In a kind manner I said I would call the company I work for tomorrow and ensure we are licensed correctly.

The owner of the business I work for received a call the next day from the same woman stating the same thing to him. The owner went about calling the state of florida to ensure he is within the proper licensing as well and found out he is perfectly fine. He then called her to confirm this and let her know there arent any issues and we are operating legally.

A Few days ago we received a call for a service at a residence for a tire change for a fee. We accepted this call but on the way she cancelled stating a neighbor was helping her.

She called me back a few hours later with a blocked phone call and left a voicemail stating the neighbor couldnt get the lug nuts off and if we can come out anyway. I accepted and drove to her home, upon arriving I notice its the competitor that came to my job to complain.

for the record, I am not being petty as to her actions but this false call has cost me time and money and aggravation as she is intentionally trying to hurt our business.


Now my question, is this behavior by the competitor in any way illegal?

My concerns are I work two jobs to provide for my family and if she were to create an issue with losing my job I cannot provide for them.

I appreciate any comments and resolutions.

thanks in advance.

 

[OHRoadwarrior]

Did she pay you for coming out and doing the work the second time? If not, sue for the service call.

 

[above82]

No she didnt pay me. I didnt even stop at the house because I know there would have been a major confrontation and I am not going to add any fuel to the fire. I have respect for other competitors in the area that do this service and will never do anything to harm other competitors. She knows who I am and this isnt the first time her and her husband have caused issues with these types of service providers. They put another company out of business because they claimed that they didnt pay their employees. I have an email proving they did it as well.

Its just frustrating to see a dirty competitor doing this just because they arent getting any business they think they should. She blamed our company and another one for stealing business from her and I told her she doesnt own any rights to anything and we are in business just like everyone else.

My company is actually starting to make complaints about them to the roadside providers such as allstate as they found out minutes before she called in the cash call she called allstate and put in a roadside request for the same service then cancelled it.

 

[HighwayMan]

They put another company out of business because they claimed that they didnt pay their employees.

Now how does that ridiculous claim put a company out of business??

 

[LdiJ]

Now how does that ridiculous claim put a company out of business??

Seriously bad word of mouth could easily put a company out of business. All it takes is saying it often enough to enough people. Particularly in this economy when many small businesses are hanging on by a thread.

 

[justalayman]

I would have stopped to make the call and used her as advertisement:


Wow, I guess our service is so outstanding that the owner of a competing company called us to render aid to her. If she feels she needs to call us rather than her own company, do you really need to wonder about who you should call?

 

[above82]

In this business anything can cause you to lose an account with a service provider. If we are late to a call, do not show up due to a miscommunication or provide poor service, all it takes is an unhappy customer to call the service providers and make a complaint, they will drop you with one bad call and you will never get on their list again. It is that easy.

I am not sure how this company went out of business but one of the posters nailed it. If Allstate, Geico or other roadside providers hear that any company is not paying their techs they will do as I stated above and drop you, therefore you will lose call volume and eventually be out of business. So the claim isnt ridiculous its just that easy unfortunately in this business. Therefore my concern with this competitor.

 

[Zigner]

In this business anything can cause you to lose an account with a service provider. If we are late to a call...

Seems to me that you WERE late to this call...well, at least later than your competitor.

 

[above82]

Seems to me that you WERE late to this call...well, at least later than your competitor.

How was I late to this call? I dont get that comment.

Does this type of behavior by the competitor fall into any legal category?

 

[above82]

I went into work tonight and was told by a manager the lady who has been causing this issue mentioned she is taking pictures of me and knows who
I work for and is going to put me out of business. What legal
Course of action can i take now that she claims to be following me and photographing my every move?

 

[sandyclaus]

I went into work tonight and was told by a manager the lady who has been causing this issue mentioned she is taking pictures of me and knows who
I work for and is going to put me out of business. What legal
Course of action can i take now that she claims to be following me and photographing my every move?

It would be a civil matter at this point, unless you can somehow convince the police that she is stalking and/or harassing you.

You could look into getting a restraining order against the woman.

 

[above82]

I am not at all intimidated by these people, but it is making my family uncomfortable. As far as I know they do not know my address but who is to say they cant find it.

Is her stating she is taking pictures of me considered stalking? I mean if she is taking pictures of me, she would have to be everywhere I am and for her to know where I am doing service calls, she would have to be following me. So I highly doubt she is doing this.

Also, what does someone have to prove in order to get a restraining order on someone? she hasnt physically done any harm but does come into my work at night and obviously open her mouth to my coworkers and manager.

Should I mention to her if she doesnt stop harassing me at work that I will put a restraining order on her, or let her blab away idle threats and false accusations. I have never had to deal with anyone like this before and now it seems shes going to far.

 

[tranquility]

I thought it was allowed for competitors to, um, compete.

I don't see anything here which has risen to criminal, nor do I see a truly actionable tort. (I can imagine some, sure.)

 

[above82]

I thought it was allowed for competitors to, um, compete.

I don't see anything here which has risen to criminal, nor do I see a truly actionable tort. (I can imagine some, sure.)[/QUOTE

I dont have any issues with her competition either I mean why would I? Im fully aware of this, but this is the second attempt on her part to threaten business and instead of her being a friendly competitor to where I would send her our overflow she is causing unnecessary issues.

We arent the only company in this area, there is a much much larger company that handles probably twice what ours does and she has claimed she is putting a stop to them as well. I know that wont happen but I guess shes become more of a nuisance than anything.

One final question regarding this. If she were to come into my place of employment and tell me she is doing anything in particular to shut down business or make a personal threat of any sort, does this constitute a right for me to apply for a restraining order?

 

[davew128]

If she were to come into my place of employment and tell me she is doing anything in particular to shut down business or make a personal threat of any sort, does this constitute a right for me to apply for a restraining order?

To me it would consitute the right to lay into her verbally to the point of making her cry. I would never allow someone to speak to me like that, and I can and have done this to people before with big mouths. If you can think of anything to insult her with, DO IT. She's causing you emotional harm and unnecessary stress with your employment.