Previous Employees Taking Customers

**maidservices2007** · 04-06-2007 08:39 AM

We now have clients calling and cancelling their maid service with us. There seems to be a pattern of 2 previous employees that used to clean these homes. We think the customers have been approached by the previous employees to clean their homes for them. The employees signed an agreement stating they would not take customers if they were to separate from the company. What if anything can we do about this?

**jasaunders** · 04-06-2007 08:58 AM

Well the obvious step, if they signed an agreement, then you could take legal action.

**maidservices2007** · 04-06-2007 10:02 AM

It would be tough to prove since we would not know when and what day of the week the previous employees would be cleaning these homes. Is there a way to search locally for new Maid Businesses in case they opened a service legally. In the county we are open in it is required to have an Occupational license.

**stand856** · 04-06-2007 10:04 AM

Get the proof they are doing that, contact your lawyer, show him/her the non-compete agreement, let him do what he/she needs to do.

**bwoj** · 04-06-2007 11:54 AM

I agree with stand856 but see your lawyer FIRST. If you have some non-compete in place with your former employees but it's something you came up with yourself it may not be enforceable. You'll need a lawyer to figure it out and if it is enforceable your attorney should be able to tell you what steps you need to take to enforce it.

It won't be cheap going that route and you might just be better off talking to these customers and finding out what their reasons are for cancelling.

**SpencerB** · 04-06-2007 01:19 PM

You can take the legal route....

Another option is to play hardball with them. Call your clinets, verify with them that the ex-employee is cleaning for them, and if correct, explain to the client why they were fired. Lying/Stealing/Drug Use/etc.... Convince the client that this not a person you want in their home. Tell them you will provide a service with top notch people/service/etc...

Could they claim slander? Sure, but you've got legal actions with a non-compete. For whatever reason, I don't see a person who cleans homes as the type to raise a full blow slander lawsuit when they were in violoation of a signed contract.

Just my 2 cents....

**akula** · 04-06-2007 11:59 PM

Originally Posted by maidservices2007

We now have clients calling and cancelling their maid service with us. There seems to be a pattern of 2 previous employees that used to clean these homes. We think the customers have been approached by the previous employees to clean their homes for them. The employees signed an agreement stating they would not take customers if they were to separate from the company. What if anything can we do about this?

no, there is nothing you can do

all this talk of legal recourse is rubbish

the only sensible option would be mediation (which I recommend)

but to mediate, you need to accept that your ex employees also have interests and that you must be prepared to make concessions for meeting those interests

**Nigami Enterprise** · 04-07-2007 01:05 AM

Probley the best way is to warn them of legal action just bark and dont bite theres nothing else you can really do.

**wesleyb** · 04-07-2007 01:26 AM

Yes, I agree with Nigami and akula...

Laws are pretty strict when it comes to a person's profession/livelihood, even if you have a non-compete agreement then lately judges have been throwing cases out because you cannot barr a person from working in their field/area - clients are free to choose who they wish nowadays.

Yes, I know it sounds dreary but I've been keeping up on the subject.

I'm a PC Tech and a past employer of mine tried to keep me from doing house calls in my WHOLE COUNTY (!?!) to ANY customer (even if they have nothing to do with my prior employer.) Yes, I was stupid by signing such a non-compete agreement but it turns out that in this case it was ruled too restrictive with too broad of a scope and therefore ultimately ruled non-binding.

**ProLogic** · 04-07-2007 11:16 PM

From what I understand those maids are probably Hispanic. I'm not trying to be racist or anything because I'm Hispanic but this always happens. I have an uncle who works for COIT the carpet cleaners and uses the Van on the weekend to do jobs on his own. This is the similar situation and theres nothing you can do about it.