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important legal questions... (with a degree of urgency)
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TheSnowman
New Member
Great idea!
Non Compete contracts are nearly impossible to enforce in Florida and any other states.
And giving this more thought, you may have a responsibility to report a crime when you are aware of one. If not legally, at least morally.
high impact
New Member
I'd contact my attorney first. Secondly I'd rethink just sending him on his way with no documentation. He can report you claiming unjust cause - you could wind up in a huge legal mess.
ColesCreations
New Member
Man...
You're in a bind. If you let him go, he can take revenge, and you'll have the Feds taking all your computers. Not for long, maybe just 3-4 months...
Same thing if you bring in the cops.
I think you need to have your lawyer or a notary public present, have the "friend" sign a paper stating that he is responsible for these files, that they are now all destroyed, have not been printed; or that whatever printed samples are destroyed, witnessed by the 3rd party. Then delete the files, also making sure the employee helps in deleting other illegal files, as it may be a crime to have them on the computer.
If he refuses to sign this, call the District Attorney and have him decide what is the proper action. This of course will cause Feds taking your computers... And is probably not desirable. Let's hope he signs the paper.
This way you will have proof that the files are not yours.
As far as you firing him or asking him to quit- I have no idea.
Good luck!
You're in a bind. If you let him go, he can take revenge, and you'll have the Feds taking all your computers. Not for long, maybe just 3-4 months...
Same thing if you bring in the cops.
I think you need to have your lawyer or a notary public present, have the "friend" sign a paper stating that he is responsible for these files, that they are now all destroyed, have not been printed; or that whatever printed samples are destroyed, witnessed by the 3rd party. Then delete the files, also making sure the employee helps in deleting other illegal files, as it may be a crime to have them on the computer.
If he refuses to sign this, call the District Attorney and have him decide what is the proper action. This of course will cause Feds taking your computers... And is probably not desirable. Let's hope he signs the paper.
This way you will have proof that the files are not yours.
As far as you firing him or asking him to quit- I have no idea.
Good luck!
I am in an "at will" state, and as I am allowed to terminate "at will", without explanation or notice, this affords me the opportunity to say next to nothing.
Based on my writing here, or my history for those who recognize my writing, saying nothing is not my strong suit.
However, the deed is done, & in alignment with my hope for the stoic honor of a highroller losing big at the craps table & still walking off into the sunset with his head held high, things are going well.
A suggestion was made to me by my employee that he be allowed to quit. I said I would like until the end of the day to reach a final decision on that matter, but my initial response was that it seemed like that may be best for both of us.
Based on my writing here, or my history for those who recognize my writing, saying nothing is not my strong suit.
However, the deed is done, & in alignment with my hope for the stoic honor of a highroller losing big at the craps table & still walking off into the sunset with his head held high, things are going well.
A suggestion was made to me by my employee that he be allowed to quit. I said I would like until the end of the day to reach a final decision on that matter, but my initial response was that it seemed like that may be best for both of us.
Bill, thanks for your input (& everyone else, of course) when you say "first", you mean prior to what?
I tried several times to reach my attorney, but wasn't able to get through, however my employee was set to walk through the door at a specific time & I was not able to keep this under my hat. As it was, I arranged for a witness to be there as a calming force, in case tempers flared, & as a witness if threats or allegations were made.
I agree that I still need to seek legal advice, but at this point, my employee has not been given anything in writing, & has suggested that he be allowed to quit, to which I reserved comment until later today.
I am trying to take as little action as possible without proper guidance.
jscarl
New Member
Before you do anything stupid; Sit his ass down in front of a witness , (swear en to keep shut, maby your wife or one of your children.) and ASK HIM. Explain the file you found, AND ASK HIM IF HE INDEED, DID USE IT . Maby just like a joke or clipart, he might have simply downloaded it just to have it. Also explain how and why you were on that computer. (Just to ease tensions). If he states he used it illegally, then tell him straight out, too protect yourself and business, you are turning the info over to the police, for them to do as they need to do.
Wish him luck, hand him his final checked, based on an adverage weeks pay. Give him a $100.00 severance pay, ( for his family ,). Say good buy!
Wish him luck, hand him his final checked, based on an adverage weeks pay. Give him a $100.00 severance pay, ( for his family ,). Say good buy!
Billct2
Active Member
I meant first as in before you talked to him.
I would've even told him to stay home till I had settled how to handle it.
Since nothing has been done yet I would still postpone making a decision, other than the decision that he won't be in the buiding or have access to the computer.
If your attorney can't get back to you I would get another lawyer to answer these questions.
If the police get involved they may confiscate all your computers, and you may not see them (or the files on them)for months, it happened to someone I know.
I would've even told him to stay home till I had settled how to handle it.
Since nothing has been done yet I would still postpone making a decision, other than the decision that he won't be in the buiding or have access to the computer.
If your attorney can't get back to you I would get another lawyer to answer these questions.
If the police get involved they may confiscate all your computers, and you may not see them (or the files on them)for months, it happened to someone I know.
Once again, I wish to thank all those involved. It's been just over 24 hours since this file was found & it has worn me out. All of you are correct that it can not be assumed to be completely over at this point, but I am satisfied so far that things have evolved such that his freedom to be at his old place of employment has been lost, the reason has been implied without being spoken, & the desire on the part of both parties, that it never be spoken of is clear.
I am half inclined to ask Fred if it would be appropriate to delete this thread, but I'm sure there has been some insights of benefit to many, as well as to myself. Since anonymity has allowed, maybe I will instead ask for it to be locked. I'm not sure how long before I might have legal advice, nor would that advice always be relevant for someone else in similar, yet different circumstances... so I think I will encourage Fred to close this down, due to the sensitive nature of my situation.
I am half inclined to ask Fred if it would be appropriate to delete this thread, but I'm sure there has been some insights of benefit to many, as well as to myself. Since anonymity has allowed, maybe I will instead ask for it to be locked. I'm not sure how long before I might have legal advice, nor would that advice always be relevant for someone else in similar, yet different circumstances... so I think I will encourage Fred to close this down, due to the sensitive nature of my situation.
GoodPeopleFlags
New Member
This may be inappropriate to ask but I'm curious if he owned up to it? Or deny it? (My apologies if inappropriate to ask!)
He knew I felt it was in both our best interests to say as little as possible, but he wanted me to know it was the first & only time he did it. He knew what I found, and he let me know that he knew. He handled himself exceptionally well, because he may not have allowed hiself to fully contemplate the seriousness of his actions at the moment of truth, but he pretty much knew, & knows now, more than ever!
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