My tech is Stealing from me!!!
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Graystar
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Not illegal in California but worthless as they virtually never hold up in court.
Here in California since it is a right to work state the employer enjoys the ability to fire at will without giving a reason.
Employers still use them as intimidation tools but they are never enforced in court.
The California employee has the right to work and the previous employer's agreement cannot hinder the ex-employees right to work in the same field of endeavor in the same locale.
They can call on all the ex-employer's clients the day after termination and ask for their business and there is no law broken.
However there can be repercussions for the ex-employee if they start using proprietary material that they took from the previous employer.
bagellad
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I read a book the other day that said when you suspected theft you should let the employee go, simply for the fact that eventually the "Spot checks" and other counter measures eventually make them feel justified for the theft. The whole.. "well they are accusing me of it..so i might as well.."
Now in this situation, it feels like you view this tech as kind of a friend. Which can always be difficult long term. But since he has supplied parts before it is possible he didn't view it as a "big deal". Ideally he would have told you after "well looks like you owe me some ram!" but he didn't.. thats where the problem is.
I would define a more clear work policy, maybe even put it up on the wall. show it to all new employees, and old ones. Then when the clear policy is broken its time to let them go.
Now in this situation, it feels like you view this tech as kind of a friend. Which can always be difficult long term. But since he has supplied parts before it is possible he didn't view it as a "big deal". Ideally he would have told you after "well looks like you owe me some ram!" but he didn't.. thats where the problem is.
I would define a more clear work policy, maybe even put it up on the wall. show it to all new employees, and old ones. Then when the clear policy is broken its time to let them go.
Leztek
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Hear Hear!!!!!!!!!!!!!!!!!!!!!!!!
usacvlr
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Not really. But it became official about 3 years ago. Before that they were unenforceable. You cannot prevent someone from carrying out their acquired skill. It's in the law.
usacvlr
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http://venturebeat.com/2008/08/08/california-supreme-court-says-noncompete-agreements-are-illegal/
"California’s highest court has ruled unanimously that a common feature of employment contracts called a noncompete clause is illegal under state law and has been since 1872."
"California’s highest court has ruled unanimously that a common feature of employment contracts called a noncompete clause is illegal under state law and has been since 1872."
Secret Agent
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So... are you also paying him an hourly wage to sell his own parts to your customers in your store? If so that equals 0 profits for you. Some friend.
Alright. Yeah, a few days have passed. A termination was inevitable.
I've also found out that the previous mentioned client was not the first one he took. There was another...!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Puff
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Alright. Yeah, a few days have passed. A termination was inevitable.
I've also found out that the previous mentioned client was not the first one he took. There was another...!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Well, there you have it. Obviously you made the right decision. Best of luck to you. I hope you find a new tech to replace him that's honest and hard working.
hardtoremember
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Alright. Yeah, a few days have passed. A termination was inevitable.
I've also found out that the previous mentioned client was not the first one he took. There was another...!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Well when there is one there is usually more. I am glad you let him go. You did the right thing. He could have ended up being a huge liability for your company.
Graystar
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Sadly it will be six months before you know the full extent of the deceptions.
live and learn.
live and learn.
Sadly it will be six months before you know the full extent of the deceptions.
live and learn.
Sadly, you are right. Fortunately, I will be just fine. Glad it was caught.
Shout outs to everyone who responded. You all helped me to learn a lot.
bagellad
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I am not surprised he stole more, once people have taken that step into stealing there is no going back, suddenly your paying them the same but they are getting lasik, or moving into a nicer place.. or getting a nicer car then you.. I have seen it happen!
Lasik!!! LOL. That is so true though. It seemed he was starting to get there. As I stated, I've learned a lot from this one and will take this knowledge into the future with me.
