General business law question?

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WALLOFIRON_IHB

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Just curious... obviously a lawyer would be the only way to get a correct answer. Just looking for opinions.





Forced to shut down website?







A person starts a website blog (selling nothing),while working for another company in the same field.



A non-competing contract was never signed.



The weblog site never mentioned anything about the other company or its products.



That company found out and fired the person and turned around and sued for "damages" as a result of returning private messages from people on their forum and saying that they "no longer work for that company and if you need me I can be found at xxxxxxxx.com website"



That company sues for "damages" and wants to force the website blog to shut down within 48hrs.



Can they actually force a website to shut down?







I understand termination (sort of) but force a website to shut down?
 
[quote author="Sunshine" date=1251802569]Did the person use the company's resources to develop the website or develop/manage/run the website on company time?



Did the person sign an employment agreement (with or without a covenant not to compete), and does he/she have a copy of it? If he/she signed an employment agreement and doesn't have a copy of it, he/she needs to obtain a copy of it.



Also see PM.</blockquote>




no, the website was created without the use of the companies "resources" and all website work was done on personal time after work.





thanks
 
I have no idea on the legal matters, but they can still sue and cost whoever is being sued a lot of money defending the suit regardless of who have the legal high ground.
 
PLEASE READ FIRST: This is not legal advice. You should obtain a lawyer for legal advice. Comments are for information purposes only. I am not a lawyer. You should assume the information the be incorrect. Do not rely on the information as it is inaccurate. The poster assumes no responsibility for the comments below.



If one were in a partnership relationship then one cannot compete, no agreement required. Same with officers/directors of a corp.



I do not understand what the situation is exactly. Imaginary person funneled clients from company site to their own site?



California does not look kindly upon those who use litigation to chill the valid exercise of free speech. SLAPP back suits were created for this purpose, and they can be painful.



Don't mess with the Constitution, you're better off against Texas :)
 
[quote author="LoudRoar" date=1251806735]PLEASE READ FIRST: This is not legal advice. You should obtain a lawyer for legal advice. Comments are for information purposes only. I am not a lawyer. You should assume the information the be incorrect. Do not rely on the information as it is inaccurate. The poster assumes no responsibility for the comments below.



If one were in a partnership relationship then one cannot compete, no agreement required. Same with officers/directors of a corp.



I do not understand what the situation is exactly. Imaginary person funneled clients from company site to their own site?



California does not look kindly upon those who use litigation to chill the valid exercise of free speech. SLAPP back suits were created for this purpose, and they can be painful.



Don't mess with the Constitution, you're better off against Texas :)</blockquote>


understood, thanks.



The lawsuit states that the blogger/ex-employee/websiteowner, responded to "7 PM's" on the former employer's website and therefore "stole" their property. The lawsuit also states that "disparaging" remarks were included in those "PM's". --- (we have obtained copies and by no means was anything remotely mentioned other than were the employee was going)



The lawsuit wants the bloggers website immediately shut down forever or the ex-employer will seek monetary damages.
 
I pretty much have to tell you this: this person must immediately get a lawyer. Do not wait. Now. A person not trained in law cannot really handle this in my opinion. Maybe that lawyer will say something like he can get back the atty fees so dont just assume "o crap now i gotta fork out big bucks for a lawyer." Yes lawsuits cost alot but much more if you get a lawyer late. Now.



God only knows how many days(weeks*cringe*/months*vomit*) ago this person got it! NOW!



But I guess if this person really don't want drama they *could* just negotiate and settle with them? So apparently they won't do anything if this person takes down the site? If that's what this person wants I would still get a lawyer (ALWAYS get a lawyer, ALWAYS) but they could just say ok (in writing probably smart, what the writing says and means very diff matter)?. Don't get conned
 
[quote author="LoudRoar" date=1251809495]I pretty much have to tell you this: this person must immediately get a lawyer. Do not wait. Now. A person not trained in law cannot really handle this in my opinion. Maybe that lawyer will say something like he can get back the atty fees so dont just assume "o crap now i gotta fork out big bucks for a lawyer." Yes lawsuits cost alot but much more if you get a lawyer late. Now.



God only knows how many days(weeks*cringe*/months*vomit*) ago this person got it! NOW!



But I guess if you really don't want drama you *could* just negotiate and settle with them? So apparently they won't do anything if you take down your site? If that's what you want I would still get a lawyer (ALWAYS get a lawyer, ALWAYS) but you could just say ok (get it in writing probably smart)?. Don't get conned</blockquote>




letter was delivered today about a potential lawsuit. Attorney was retained.





I thought SLAPP only had to do with matters of "public interest"?
 
[quote author="WALLOFIRON" date=1251810385][quote author="LoudRoar" date=1251809495]I pretty much have to tell you this: this person must immediately get a lawyer. Do not wait. Now. A person not trained in law cannot really handle this in my opinion. Maybe that lawyer will say something like he can get back the atty fees so dont just assume "o crap now i gotta fork out big bucks for a lawyer." Yes lawsuits cost alot but much more if you get a lawyer late. Now.



God only knows how many days(weeks*cringe*/months*vomit*) ago this person got it! NOW!



But I guess if you really don't want drama you *could* just negotiate and settle with them? So apparently they won't do anything if you take down your site? If that's what you want I would still get a lawyer (ALWAYS get a lawyer, ALWAYS) but you could just say ok (get it in writing probably smart)?. Don't get conned</blockquote>




letter was delivered today about a potential lawsuit. Attorney was retained.





I thought SLAPP only had to do with matters of "public interest"?</blockquote>


See told you i dont know ish. A blog? Noncommercial? I dunno really but sounds interesting to me. LOL. It all depends on what this person did. Apparantly this person just got a letter, so not really served with a suit. Probably this person should get a lawyer? I don't know.
 
[quote author="WALLOFIRON" date=1251802819][quote author="Sunshine" date=1251802569]Did the person use the company's resources to develop the website or develop/manage/run the website on company time?



Did the person sign an employment agreement (with or without a covenant not to compete), and does he/she have a copy of it? If he/she signed an employment agreement and doesn't have a copy of it, he/she needs to obtain a copy of it.



Also see PM.</blockquote>




no, the website was created without the use of the companies "resources" and all website work was done on personal time after work.





thanks</blockquote>


Totally not my area..... but any chance of a claim of intellectual property by the company?
 
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