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Rengg · Mar 21, 2014, 05:24 AM

I have 3 employees who abandoned their job. After knowing the trade secrets they make their own products copying our own and pirated some of our customers. Before their ill doings were discovered, they already made their products with different brand names while still working with me , introduced these products to our existing customers disguised as our new products. Can I file an abandonement and charge them for damages? My products are not patented

smoothy · Mar 21, 2014, 06:33 AM

You can't charge someone for "Abandoning their job" Did they have written labor contracts?

As far as the other stuff.. did you have copyrights on it? If you did prepare to pay a lot of money to sue for copyright infringement which is what you could sue for.. and be prepared to have the burden of proof on your shoulders.

If there is any other business in the world doing what yours did... those "trade secrets" really aren't secret. And non-compete clauses are essentially unenforcible except when you sell a business to one entity in its entirety... then turn around and start a new one doing the same thing practically across the street.

Client lists tend to remain the property of the employer... but when you start talking experience and learned skills... its never so cut and dry. I've bounded back abd forth between competing employers for most of my working carreer...over 33 years...I was never expected to forget what I learned at any of them.

AK lawyer · Mar 21, 2014, 06:42 AM

Originally Posted by smoothy

... And non-compete clauses are essentially unenforcible except when you sell a business to one entity in its entirety ...

Probably. But while a non-compete clause would appear to be OP's best (while admittedly slim) bet, I'm guessing there isn't one.

odinn7 · Mar 21, 2014, 07:57 AM

I know this isn't legal advice but did you try contacting these companies that your ex-employees went to? If they were long-term customers of yours then they may wish to remain loyal to you if you tell them what is going on.

ma0641 · Mar 21, 2014, 08:18 AM

Abandonment, No. You had no patent protection, did you have a non compete agreement with the employees? If not, you are probably out of luck.

ScottGem · Mar 21, 2014, 11:42 AM

As noted, there is no such thing as abandonment of a job. But I would be talking to your attorney. You left out a lot of pertinent info. Like whether your products are protected by patent or copyright. Like whether they started selling while still in your employ.

Also you stated they "introduced these products to our existing customers disguised as our new products". Can you prove that? If they marketed their products as yours, then you have a very good cause of action to sue them for all revenue from their sales. But you have to be able to prove it. That's why you NEED to speak to an attorney, who can advise you of whether you have sufficient proof, how to get it and what the viability of your case is.

Fr_Chuck · Mar 21, 2014, 05:54 PM

A few things, what type of contract did you have with the employees ? In mot of my jobs, I had to sign non competition agreements, so this was not allowed.

You can try to sue them, but it is doubtful that you have much of a case.

Next, there will always be people who compete against you. You need to go back to the customers you lost and ask them, if these are the type of people they want to do business with. Explain what they did. No lies, no bad mouthing them. Just facts but many companies would not want to do business with people who do things like this.