What type of liability do I have if a former employee harasses or otherwise inconveniences my customers?
Am I liable?
Harmless Drudge
1 - 20 of 42 Posts
Joined
·
34,184 Posts
What type of liability do I have if a former employee harasses or otherwise inconveniences my customers?
Joined
·
7,015 Posts
I don't think you incur civil liability, BUT the former employee may face criminal liability if they are "harassing" people. The people he is harassing would have to bring the criminal charges. You might be able to sue if he/she is causing you to lose revenue.
depends
Anything he does after he was employed by you, you should be ok. If he (or she) come onto your property to harass your customers you can get him for trespassing.
If it was anything they did while you employed him (or her) then your liable .
That's how I see it.
Anything he does after he was employed by you, you should be ok. If he (or she) come onto your property to harass your customers you can get him for trespassing.
If it was anything they did while you employed him (or her) then your liable .
That's how I see it.
Joined
·
15,402 Posts
It depends what your definition of harassment is. Legally, he can petition as long as he doesn't prevent the customers from going in and out. If he blocks entrances, follows customers to their vehicles, comes into the establishment, etc. the police officers will probably remove him.
Call your local police and ask them if you have the right to bodily remove him because I think you might since it's YOUR business, then again...maybe not.
Or you could do what my mom did...just kick'em in the butt right out the door :xeye:. 5'3" and she didn't no crap off nobody
:.
Or you could do what my mom did...just kick'em in the butt right out the door :xeye:. 5'3" and she didn't no crap off nobody
:.
Joined
·
34,184 Posts
It seems it has escalated beyond pestering the few clients who visited our workshop the other day. He is now contacting customers who we did work for in their homes and demanding money that he thinks I owe him. At least, he has contacted one and threatened to contact another. Both are friends as well as customers. I'm pretty sure he has relapsed since (because of?) getting fired, and it's the drugs talking, but I am concerned that he will do something that I will be liable for civilly or criminally.
Joined
·
15,424 Posts
In todays world, you can be liable for anything or everything.
I would verbally warn him to leave and in front of a witness in your behalf
I would call the police and make a report
Report it every time it happens too.
Document, document and document
I would verbally warn him to leave and in front of a witness in your behalf
I would call the police and make a report
Report it every time it happens too.
Document, document and document
Joined
·
3,432 Posts
you should know better than to ask this question. sadly you have exposure pretty much no matter what. criminal liability? i doubt it. but civil? if you ran a financial services company and a laptop that had customers financial info on was allowed by you to be taken home by a now former employee for personal use, and that info was used to steal money. i'd be worried. if on the other hand you ran a law care business and this guy was going to the homes of people who he had previously cut laws for while in your employ, making all sorts of crazy demands - i wouldnt be too worried about it. but the reality is even if you were served wit ha suit that any court int he nation would consider to be frivolous, you STILL have to respond to it, even if only pro se, so one way or the other there is always the potential floating out there.
This man sounds mentally unstable and out of control, be it from drugs or out of desperation from being fired or both, so I'll ask you this: What's his next move? You don't know, right? Anger maybe because he's not getting what he wants?
Vengence aimed at you because he might feel YOU are responsible for his current unhappy situation perhaps? Lots of what if possibilities here that could lead up to a tragic outcome. It matters not how long or well you think you know this man, we live in difficult times where people's emotional stabilities are being pushed to the limit. Where anger, drugs and unreasonable assessments might be involved, anything can happen.
Call...the...police and file a report. Better safe than sorry, don't you think?
Joined
·
4,538 Posts
Well, if he`s no longer your employee, yet contacting your customers and seeking payment as if he were, is that not fraud?
Joined
·
34,184 Posts
He never signed a lein waiver, so I suppose he could legitimately go after the homeowner's property if he had a case and could prove it, neither of which is the case.
Joined
·
51 Posts
Why would this employee be in a position to sign lien waivers?
Could there be more to this that you are able to expose here?
If you "feel" your exposure to risk could potentially exceed the cost of a professional consultation from a qualified attorney, it might be a worthwhile investment.
Joined
·
30,730 Posts
Short of a judge squashing it early as frivolous, you can sue anyone in civil court for just about anything.
Doesn't mean they will win, but you still get stuck with the legal bill.
Worse is that civil court isn't just win or lose, but also degree of culpability. If a jury thinks you are 90% in the right you could still get a judgment of 10% against you.
Basically, this guy could cause you some financial risk even though you you are legally on good footing. Better to get out in front of it early. Document the hell out of everything that happens, including everything your customers tell you. Notify the police and ask what remedies they suggest. If you have an attorney on retainer for your business then drop him a line too. Getting a court order for him to stay away from your business and customers will help cover your backside.
Doesn't mean they will win, but you still get stuck with the legal bill.
Worse is that civil court isn't just win or lose, but also degree of culpability. If a jury thinks you are 90% in the right you could still get a judgment of 10% against you.
Basically, this guy could cause you some financial risk even though you you are legally on good footing. Better to get out in front of it early. Document the hell out of everything that happens, including everything your customers tell you. Notify the police and ask what remedies they suggest. If you have an attorney on retainer for your business then drop him a line too. Getting a court order for him to stay away from your business and customers will help cover your backside.
Joined
·
1,547 Posts
Before he can go after anyone he has to show that he is owed money. I'm assuming you can prove he was paid for services rendered.
Get a restraining order on him for harassment. That should put a stop to it.
Get a restraining order on him for harassment. That should put a stop to it.
Joined
·
2,113 Posts
People can sue you for anything anytime. Whether they will prevail in their effort or not is the question.
The most likely thing that would be asked in any case would be, "did you do any and everything possible to avoid... whatever it was that needed to be avoided."
If so, well, you might still lose because people are crazy. But that would likely be your best shot.
The most likely thing that would be asked in any case would be, "did you do any and everything possible to avoid... whatever it was that needed to be avoided."
If so, well, you might still lose because people are crazy. But that would likely be your best shot.
Joined
·
11,357 Posts
Go file a restraining order. You may not get it, but then again you may.
Either way, it would be on record that you tried to stop the sumbich.
Short of that, consult an attorney. I'd pay the hourly fee to talk to one since this concerns your business. That's your livelihood. You don't **** with a man's livelihood. :headshake:
Either way, it would be on record that you tried to stop the sumbich.
Short of that, consult an attorney. I'd pay the hourly fee to talk to one since this concerns your business. That's your livelihood. You don't **** with a man's livelihood. :headshake:
1 - 20 of 42 Posts
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
-
?
