Friday, February 21, 2014

I own a small curbing company. I have one crew of three that lives together and are related. I have signed non-complete contracts and the co...

Question

I own a small curbing company. I have one crew of three that lives together and are related. I have signed non-complete contracts and the contracts stipulate that all customer coming from my advertising or referrals are the property of my company.

These guys went out to estimate some curb. They came back and said the customer didn't want curb, they wanted a sidewalk and block wall. The guys wanted to do sidewalks and were always looking for an angle. But I let them do the job.

They represented themselves to be from my company, made a deal with the customer instead of using my contract, used some of my equipment to do the job and then had the customer make the check out to them personally and cashed it.

That was a few months ago. A couple of weeks ago they stole brand new sidewalk stamps from my garage valued at $350 at which point I fired them. Because this has now turned into a large bru-ha-ha, I want to know if I have recourse against them for that particular customer. Did I lose standing by letting that particular incident go?



Answer

No, not particularly(in my opinion). You would appear still to have

more than sufficient legal basis to sue these thieves (not to mention

ungrateful former employees) in civil court.



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