Legal Question in Business Law in California

Restrain against EE corp fraud

Former employee of corporation is harassing and committing fraud against corporation by contacting vendors, obtaining account histories, requesting and receiving bank documents, shutting down web site, etc. Restrain orders for President and two other key employees have been obtained. How do we restrain individual from "stalking" the corporation? That he is not to contact, inquire, request or obtain corp information?

Unable to manueuver through system on my own. Help, please.


Asked on 6/26/00, 3:31 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Restrain against EE corp fraud

there are a number of things that can be done from obtaining an emergancy injunction to suing for damages.

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Answered on 9/05/00, 2:48 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Restrain against EE corp fraud

People mounting attacks of this sort are usually angry and behaving stupidly and irrationally. Their response to legal action is likewise may also be rash and contrary to their own interest, and restraining orders alone may not do the trick.

If the offending parties have any assets worth protecting, the threat of liability for damages can be both a deterrent and a means to compensate the business for harm actually done to it. Some of the matters you mention could also subject the misbehaving party to punitive damages.

You should carefully document everything done by the offender(s) and seek legal counsel at the earliest possible time to minimize harm and nip the problem in the bud. When cases like this go to trial (or mediation) there is usually a lot of finger-pointing and countercharges each way, and the party with the better-documented facts has the upper hand before the mediator, judge or jury.

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Answered on 9/05/00, 5:00 pm


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