Legal Question in Business Law in Massachusetts

Me and my best friend started our own business installing security cameras. We were working for a company that dispatches technicians. We started subcontracting for a competitive company. Anyways we put in our two weeks notice and somehow the company found out what we were leaving to do. Another person was planning to leave with us and is essential to our operations. On thursday they pulled me into the office and told me they were letting me go. 1 week before my noti c e was complete. They payef me for the remainder of my time but pulled out a document i supposedly signed and threatened if i take any employee I would be sued. This document I didnt sign. In fact my signature was photocopied and the hr persons was in blue writing. No date you can actually see where the date was whited out and copied. The pages all have witness sign offs at the bottom thay are not signed. What can I do? Do I have a potential law suit? Am a looking at potential compensation?


Asked on 2/13/16, 11:20 am

1 Answer from Attorneys

Assuming you never signed the document, they would be very foolish to sue based on a false document. If I were you I would meet with an attorney to discuss what was actually said to you and if they gave you a copy of the document, then show it to the attorney. Is the employee who was going to join you going to be a partner in the business and is he still going to work with you? if he is, then you need to meet with an attorney to see if you can cut-off any lawsuit coming down the road.

You should not sue them unless they try to sue you. While what "he" did is a violation of law, you have not yet been damaged and all you have is a he said she said kind of fact pattern. While you could seek an injunction to restrain them from trying to enforce that agreement, you might as well wait for them to file suit against you.

You can proceed with your business plan, the only issues are: 1. will the employee come with you; 2. did he sign anything that would prevent him from joining you.

If he is not going to join you, then you need to find someone else. If he is and is a partner in the business then there is probably not much the company can do but file a lawsuit to harass you. I cannot be sure without more information including a copy of the "signed' document.

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Answered on 2/13/16, 11:58 am


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