Employee "Stealing"

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Employee "Stealing"

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Mrbusiness

posts: 92

Dec 11, 2007 2:23 PM ET Quote Report Abuse

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Great post!!

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cdbartwork

posts: 210

Jan 06, 2008 3:13 PM ET Quote Report Abuse

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I had an agent who started working for me in September and by November, 2 years worth of my new designs were "lost" and she admitted it was due to her negligence but will only pay me for the raw materials, not the wholesale price which is the standard amount paid for any loss to your product. She has not responded to any of my certified letters, I am now trying to get her served for Small Claims Court and since she is so savvy in avoiding all this, she must have done this before. I feel like an idiot, she made money and I was in the red for the 3 months she worked for me, rather I worked for her.

Any thoughts on getting reimbursed?

Colleen

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Colleen Dougherty Bronstein Designs
Sun Safe Designer Clothing
http://www.sunsafedesignerclothing.com
http://www.bronsteinartwork.com

Engraver

posts: 178

Jan 06, 2008 10:33 PM ET Quote Report Abuse

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Well, first investigate. If she has been in this situation before, court records of old cases are generally public record. If and when you do get to court on this, make sure that that information is brought to the Judge`s attention. You may find that she has done this repeated times and each time, she gets a slap on the wrist or gets off all together because no one has brought up that she is a repeat offender of this type of practice. To point this out only works to your favor because it makes her look like a con artist and not someone who made a mistake.

I will try to talk to some attorney friends of mine and see if they have any advice for you as well.

Whatever you do, don`t give her a free ride on her mistake. There is no telling how many people that she is doing the same thing to. If fact, if you find out that she has jacked around other clients in or close to the same manor that she had with you, you then could join forces and file a class action suit. With this, the judge could have her business license revoked and order her to shut down her company and could possibly even force a settlement to be paid through the liquidation of her company.

cdbartwork

posts: 210

Jan 08, 2008 8:14 PM ET Quote Report Abuse

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I have filed a complaint with Small Claims Court, waiting to see what comes of that, my hearing is scheduled for 2/1 but I don`t know what will happen if they cannot serve her. My aim is certainly to get reimbursed but this has spurred me on to more positive things as well.

I do hope to get her into court and win and if necessary have a judgment against her if she decides not to pay. One problem is she is working with an attorney who is telling her what to do. As a matter of fact when all this was going on he told her she was not being forceful and strong enough with me. All I wanted was my jewelry back or be reimbursed and she is telling me that I now owe him $1,000, it became all too bizarre which is when I filed the suit against her. I felt like I was dealing with 2 extortionists and I had to step away.

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Colleen Dougherty Bronstein Designs
Sun Safe Designer Clothing
http://www.sunsafedesignerclothing.com
http://www.bronsteinartwork.com

Engraver

posts: 178

Jan 09, 2008 4:51 PM ET Quote Report Abuse

Points: 0 Vote

Good luck with case. If they can`t serve her (this may be different from state to state), I believe that you can still go to court and still get a court to hear your case and get a filing against her that says what she owes you. The fact that it will be on record the attempts to serve her the court papers will show that she is laying low and the court will be more likely to judge in your favor. Now, obviously this doesn`t help you financially, but there is a statute of limitations that will be attached to the ruling and should you run into her anytime within that time frame, and she hasn`t paid you anything, then you can have her picked up for violation of a court order. In that case they MIGHT be able to attach what she owes you to the bail. NOt certain about that though.

cdbartwork

posts: 210

Jan 10, 2008 10:50 PM ET Quote Report Abuse

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Engraver:

I just heard today that she was served and the court hearing is Feb 1. I am looking forward to my day in court.

I will let you know the outcome.

Colleen

-------------------------

Colleen Dougherty Bronstein Designs
Sun Safe Designer Clothing
http://www.sunsafedesignerclothing.com
http://www.bronsteinartwork.com

Engraver

posts: 178

Jan 10, 2008 11:27 PM ET Quote Report Abuse

Points: 0 Vote

Still, if you can find that she has done this to someone else, it would be good to have that put on record in court. Good luck.

pskipper

posts: 22

Jan 13, 2008 1:31 AM ET Quote Report Abuse

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    I see it the same way as Raisecapital02 did...but perhaps you missed his point. Yes, the artist`s asset is his/her talent...but having that talent available for your business is one of the core components of making your business successful...and therefore the professional relationship is an `asset`, if not competitive advantage of your business.
     Even if the artist doesn`t leave this time...there`s a risk that the offers from competitors might keep coming. Eventually, he/she will leave...or at least give you a lot less of their time and effort than you currently enjoy.
     It`s advisable to work at retaining your key employees and support personnel. That can range from higher pay and perhaps the opportunity to share/partner with you in the future to formal, legally binding non-compete documents.
   Good luck!

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