Legal Question in Business Law in California

''Sis'' Sucks

After 3 years running my demo/roof removal crew my ''SIS'' took out on her own. The problem is she not only took all my clients but was able to hire away all my crew by marrying the lead dog whose brothers made up the balance of the crew.A serious financial collapse would soon follow unless a new crew could be assembled and trained before to long. A huge undertaking in our areas current labor or lack of labor pool.Well I have overcome many of obstacles in my time and however untimely a crew was developed. It was show time 'till I find out that pricing for the same work had been cut do in part to the fact that ''SIS'' was not paying payroll taxes, work comp ,liab.insurance,nor had bothered to become a licensed contractor and pay any taxes.A attempt to win my clients back through honest hard work failed and the concept of a price war would leave us tired and broke. Unfortunatly a lawyer was not involved in the begining agreements with ''SIS'' and no competition language was considered unnecessary at the time.It has been 8 mos.now and cash flow problems prevents further legal assistance.CSLB,EDD,INS,IRS,etc.are notified but no action or response as yet.Any and all advice would be considered a life line.Cheaters must'nt win


Asked on 12/26/04, 1:59 am

4 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: ''Sis'' Sucks

Even if there was no "competition language" in your contract, the state's unfair competition laws still protect you. If she was working for you and simultaneously beginning the process of taking your clients and/or employees, you have a case. Other avenues of recovery are available as well. If "SIS" has any assets, you can probably even get an attorney to take the case on a contingency basis.

Read more
Answered on 12/26/04, 10:13 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: ''Sis'' Sucks

It sounds like you and your family didn't have a very merry Christmas!

Sis might have interfered with prospective economic advantage or existing contracts. You might have basis for legal action against her. Also, you might try for an injunction (or at least a temporary restraining order) based upon the irreparable harm she has caused you. It's not too late to talk with an attorney in your area. Good luck, and hopefully things will take a turn for the better.

Read more
Answered on 12/26/04, 2:58 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: ''Sis'' Sucks

You may have an action for several business torts. Call me directly at (619) 222-3504.

Read more
Answered on 12/28/04, 3:50 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: ''Sis'' Sucks

Aside from your possible lawsuit (see other reply) the first time somebody falls off a roof and breaks their back the state will come after the employer for the uninsured workers comp costs which will be staggering. Hope your name isn't associated in any way with this business!

Read more
Answered on 12/26/04, 10:52 am


Related Questions & Answers

More Business Law questions and answers in California