Employee taking my business

5yno · #1 02-02-2010, 02:36 PM

Hi can anyone help with an employee issue,I am a florist with a small business and I employ 1 full time florist, I have recently found out that the lady who works form me has done a large wedding (the flowers) without my knowledge, is this classed as a forienger and are there any disiplinary actions that I could take against her.thanking you in advance for replies.

RandomTemplate · #2 02-02-2010, 02:45 PM

Do you know if she agreed to do the work in her own time or via your store (as in someone who came to purchase from you).

If it was in her own time then she has full rights to market her skills (just make sure she declared it to the tax-man

). If she did it whilst she was in your place of work (during work hours) you could discipline her for it - not sure how badly though.

Sorry to hear your having this problem. I would definitely give the tax-man a call though - that may resolve your issue entirely.

seanstevens · #3 02-02-2010, 03:03 PM

Do you mean that she has been moonlighting by doing another job (her own) whilst employed by you? If so I guess is depends what it says in your employee contracts?

IP · #4 02-02-2010, 03:19 PM

Hi there. While this is something that should be covered in an employment contract, anti-competition clauses are often absent. Sadly even if they are included they can be very hard to enforce.

Was the 'customer' a friend of the employee or were they poached from your shop? The answer to that could make a big difference to the way you need to handle this.

5yno · #5 02-02-2010, 03:21 PM

yes i do think that she has been moonlighting,unfortunatley I do not have a contract with the lady as I thought it would not be needed as I thought (stupidly) that the lady was not just an employee but a friend.

RandomTemplate · #6 02-02-2010, 03:31 PM

Based on the fact there was no contract then unfortunately there is little you can do (except phone tax-man). Although this actually works in your favor, if you have no contract you can end there employment at any stage (unless someone ones to correct me on that) or introduce a contract that states they are not allowed to do that.

The question is (shawshank redemption quote -amazing film)

Quote:

What I mean is, do you think she'd go behind your back? Try to hamstring you?

If so then its not really the ideal employee.

5yno · #7 02-02-2010, 03:42 PM

Quite complicated this one,the customer used to own a business on the same street as my business,I kept my employee on when I bought the business 7 years ago,so she knew the customer before I did,the customer still used my business for buying flowers for her shop until she sold her business about 2 years ago,my employee and the customer where never and still are not social friends as in they have never gone out in the evening together,but I do recall just after I took over my business that my employee told me that she had done some work for the customer in the past but assured me that she would nnever do any more work for her unless it was through my shop!!!

IP · #8 02-02-2010, 03:42 PM

Quote:

Originally Posted by RandomTemplate

Based on the fact there was no contract then unfortunately there is little you can do (except phone tax-man). Although this actually works in your favor, if you have no contract you can end there employment at any stage (unless someone ones to correct me on that) or introduce a contract that states they are not allowed to do that.

Neep. Can't do that Random, an employee still has rights with or without a contract.

5yno · #9 02-02-2010, 03:46 PM

yes I do think she would try to hamstring me.

5yno · #10 02-02-2010, 03:56 PM

I know that I am going on a little,but I am very annoyed about her moonlighting especialy as business is very quite at the moment and I also don't know if she has done any other functions that i don't know about,am I within my rights to cut her hours of work,not just as a form of retribution but for the genuine reason that business is very quite at the moment.

Employee taking my business

Employer, Employment and Staff Issues