What are my legal options if an ex-employee has violated a non-compete agreement?
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What are my legal options if an ex-employee has violated a non-compete agreement?
Employee left started his own business but signed a non-compete clause. Now he is working at one of my old accounts now less than 25 miles away. Not only did he do this, but he has also started his own website and defaced my company in the locations where we were playing at for the last 3-4 months. When I was hiring new employees he would tell them he was just doing this to help me out and that he was starting his own business and staying north which is about 50 miles away (still with in the non compete area). He has also used my pictures from events he played at on his facebook page and website, as well as used a similar slogan which I have had for 14 years. I need to know what to do? Should I speak with an employment law attorney? In Dane County, WI.
Asked on September 29, 2010 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Definitely speak with an attorney because there are several possible causes of action:
1) A noncompete is generally enforceable. If the agreement is too broad (in terms of time or geographic location), which is always judged on a case-by-case basis, it may be declared invalid or (more likely) reduced to an enforceable level; but that doesn't change the fact that as a general matter, noncompetes are contracts that can be enforced in a court of law.
2) If he has "defaced" any of your property, including websites, that is a form of vandalism and you can sue him; or if you mistyped and he "defamed" your company, you could sue him for that, too.
3) If he is using your intellectual property (e.g. a slogan or pictures you or your company owns), that is a violation of your intellectual property rights. You can recover for that.
4) If he took confidential information with him, that would be another thing you can sue.
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