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  1. #1
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Former Employee Stealing Customers

    This is not a criminal action but a civil one. Law enforcement will not take any action, and this is not intellectual property to begin with.

    Any action you took would have to be in the civil courts. Your position is weak since there is no covenant not to compete or other like agreement; however that doesn't mean you can't try. You NEED to contact an attorney - this is not a DIY project.

  2. #2
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Former Employee Stealing Customers

    We all work in a free market system. If your ex-employee and her new employer outbid her on jobs, that's just the way it is. However, if your former employer is targeting your company with the intention of doing economic harm, then you may be able to take some civil action. Your first stop is to speak with an attorney and get an expert opinion. An attorney sending a "cease and desist" letter and threatening legal action perhaps is the place to start.

  3. #3
    Join Date
    Aug 2012
    Posts
    3

    Default Re: Former Employee Stealing Customers

    Thank you for your advice.

    In regard to the files that the former employee took, they made a copy of all the customer files which include artwork, layouts, etc. that were created by the former employee and other employees. A large portion of these files contain work that was completed to produce the products the customer wanted.

    I hope I can explain this clearly. To produce the product customers required, my employees had to create the artwork. The former employee has copies of all this work, which includes work that I paid him to as an employee, and artwork that was also created by other employees for use in my business. He has this artwork and is using it to bid on my customers. There are two ways that artwork is created, one is paid for by the customer to use as they need to. The other is artwork that my employees have created for my business that the former employee is now using as well.

    I have also discovered that he indeed make a copy of my customer database, and is using it to contact my customers.

    I understand that case of the former employee targeting my customers is a civil one. Is there a case to be made for the artwork that is property of my company that he is now using at another business?

  4. #4
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Former Employee Stealing Customers

    I believe so, yes. The employee stole proprietary information - you need to discuss that with a business law attorney right away. You can also explore with the attorney the possibility of filing a criminal complaint, although your recourse may largely be a civil matter.

  5. #5
    Join Date
    Aug 2012
    Posts
    3

    Default Re: Former Employee Stealing Customers

    Thank you for the advice.

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