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business loss because of an employee

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Old 28-May-2008, 10:37 AM
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business loss because of an employee

if anyone has experience with any of this please let me know =) so this is what happend:

we have taken legal action against an employee, cops/lawyers whole bit.

so we have this test equipment that cost around 60,000 usd. its a little 30 pound briefcase. the manufacturer is from florida and we represent them in canada, so if anyone wants to buy the tester has to buy it from us .

we hired a guy (bob) and he's been working with us for 3 years now doing services not sales. Just a commission employee never a partner. My dad said if he wanted to become a partner lets sit and talk (for services only). he never took interest. But everytime he went to clients he would say he's a partner.

so recently about a few months back he contacted the manufacturer and asked for a price list (sales) and we intercepted his email and sent an email out to the manufacturer letting them know that he's not a partner just an employee and that they can not give him a price list (because he has nothign to do with it)

so that sorta put Bob off and 2 weeks back he said he wanted to take us for lunch and to meet him somewhere, never showed and parked the company car at the office and sent an email resigning and saying he's keeping our tester in a safe storage and that whatever money we owe him we pay him and he'll return the tester.

We went to the lawyer and police they said he cant do that its 2 different matters, plus the way he did it was wrong. if he gave a 2 week notice and or whatever we would've given him his money end of story.

Now my dads a softy so he knows my dad well now - bob said that if you cant pay my money and don't want to run the service division anymore then he'll buy the tester from us.

our mistake was we only had him working - my dad knows the stuff too but he doesn't go out and test in the field.

so he's run off with our tester and have a feeling he's using it in Labrador.

Now we are having business loss because he has the equipment.

So my question is, based on the Canadian Labor Laws, how much and what can we deduct from the money owed to him because of the business loss we are getting.

Thanks
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Old 28-May-2008, 10:41 AM
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http://www.labour.gov.on.ca/english/
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Old 28-May-2008, 10:42 AM
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Damn, that sucks, have you posted this on any other forums?

I'd suggest you try posting it on this forum here, I've posted business related questions and people have replied quickly and for the most part there are a few people there that are pretty knowledgeable.

http://www.redflagdeals.com/forums/f...splay.php?f=62
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Old 28-May-2008, 10:43 AM
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ya it does suck. and i was trying to look for a list i suppose but couldnt find one
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Old 28-May-2008, 11:21 AM
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ok an update - one of our clients called and said "bob" is on site and he's going to check if its our tester and if so then he's going to get security to escort him off the site and hold our equipment for us.
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Old 28-May-2008, 11:23 AM
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hahaha


what type of tester is this?

I don't get it.....
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Old 28-May-2008, 11:45 AM
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its a motor tester (ac/dc) motors - we use it in different manufacturing industries. mines, chemical plants, etc...
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Old 28-May-2008, 11:57 AM
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I have one of those in the shop.

6000V surge testor?
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Old 28-May-2008, 12:16 PM
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no its better lol. we can do online and offline testing using current signature & power analysis. its also non-destructive, unlike the surge tester, why hurt the motor?

we can test
5 fault zones: power quality, power circuit, insulation, stator, rotor and air-gap. by doing various test's
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Old 28-May-2008, 12:19 PM
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who do you send it to if it needs to be repaired?
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Old 28-May-2008, 02:49 PM
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The motors? no one. we're an independent company (not associated with a motorshop) our edge is that, because we're not a motorshop we can tell them ya theres nothing wrong with it or if there is (they can send it to whoever they want) or most customers call us after a motor shop did a rewind on it or something and they ask us to test it and we'll basically say its good or no good so they send it back to the shop to redo it.

most motorshops we've sold to do this. they go in check it and say oh ya its no good and then take it back to their shop...not really helping the company lol thats where we come in. im guessing you own a motor shop? maybe we could work something out?
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Old 28-May-2008, 03:15 PM
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send me all the repairs!
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Old 28-May-2008, 03:19 PM
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LoL. where are you based out of? reputation of the company/repairs? how would we benefit?
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Old 28-May-2008, 03:27 PM
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Probably not the best questions to be posting on a car club forum...

I would imagine a corporate lawyer and/or accountant would be best to speak with in regards to asset management and employee issues.
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Old 28-May-2008, 03:36 PM
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yup have spoken to a lawyer but you know how they are also - trying to make money -i just wanted to know if anyone has ever experienced this. basically we are filing charges against him - it is a criminal charge (might be looking at jail time) but we figure we could drop the charges if we dont have to pay is dues or w.e. we'll see
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Old 28-May-2008, 03:45 PM
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so did you get your test equipment back?
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Old 28-May-2008, 03:52 PM
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nope not yet. its been 2 weeks. after this experience ill def. put a gps tracking unit on it or osmething.
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Old 28-May-2008, 04:20 PM
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Originally Posted by goat
yup have spoken to a lawyer but you know how they are also - trying to make money -i just wanted to know if anyone has ever experienced this. basically we are filing charges against him - it is a criminal charge (might be looking at jail time) but we figure we could drop the charges if we dont have to pay is dues or w.e. we'll see
man this is the business world, from what you said seems like this guy was younger then your dad and he wanted to make moves while your dad wanted everything as it is.

Same thing happened to my dad, my dad owned a billion dollar company in Qatar, he started the company from an initial investment of 300k each, and his partner fuked him over, by buying out all my fathers trust worthy employees, and when the company became really big, my father didn't have time to read over documents, his right hand man sold out for money and slowly got my father to sign over his share of the company. And the sad thing is my dad really took good care of his employees, nice cars house, paid education for kids, bonuses, paid vacations, but since the other guy was a silent partner he always had more money to throw around, My father went from a billionaire to broke as *** in 3 months, now thats painful, otherwise right now id be pushing a massarati as a DD.

You are lucky you own a business in Canada, other places in the world people will kill each other for a dollar, i remember when i was young about 12, when my dads company was new, there were many clients who would take services and never pay back, until the company racked up 3 million in owed monies, my father called his best friend in the police, the police boss sent 3 of his best officers, and i was with my dad at his office, 5 cars pulled in front of the office, 1 unmarked police car, and 4, S500, we all rolled to the homes of all the people that owed money, 3 people, and they were embarrased infront of their families when they were draged out by the police/csis like police, any ways, i remember we went far out in the desert, all the cars stopped and my dad got out and the police guys draged the ***** infront of the cars so there was light, and i saw my dad pull a dam 9mm glock out and point it at on of the guys face, while they were on their knees, and i hear crying and yelling, and then the police put 3 men in the unmarked police car and went returned them home, and then we left too. few weeks later my dad got his companies money.

i never asked my dad as i was too young, but i did ask when i was old enough why he did that, he said he scared them that he would shoot them, and there is no where for them to run, they have to pay whats owed or even the police won't leave them.I know my father he's like your dad tooo freaking honest, and trustworthy, and hardworking as well as gullable, and i watch many people take advantage of my dad when i was old enough to realise it, but he never listened to me, i was street smart he wasn't, Funny thing is my fathers company still got fukd over later by his greedy partner, who sat on his ***, watched my father build the company and sweat day and night, 14 hours a day 7 days a week, with no summer vacation, no off pay, for 9 years, and then he got screwed.

this happened to him 5 times, before he decided *** it and came to Canada and has started all over again from square one.


my point, it could have been worse, but learn from this and don't let it happen again, i.e in business DON'T TRUST ANYONE specially if they whipe your ***, the closer someone in business to you the more they will feel they deserve something for serving you. And some who may realise this and use it a s a weapon.

I realized Canada is actually still much much better than even countries like Dubai that are more advanced then us, but the problem then is their business tactics are so desperate in order to survive their law is not strong.


And yes anywhere in the world lawyers always want the bigger burger, if i were you tell your dad if he can afford to buy another tester do it, and don't pay the employee, and better, write a police report that you employee ran away with your companies bread and butter, and that you had to purchase a new one.

this way, you have no legal fees, your business is not effected, and you have a 50% chance or more to getting your equipment back.

Last edited by FukU; 28-May-2008 at 04:38 PM.
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Old 28-May-2008, 04:30 PM
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like a mercedese s500? counds like a bunch of ****in dirty old fat pigs..
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Old 28-May-2008, 04:41 PM
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Originally Posted by goat
nope not yet. its been 2 weeks. after this experience ill def. put a gps tracking unit on it or osmething.
get one of those invisible pens, mark all your equipment with your and your companies name, so even if police goes for a check if you tell them that you pieces are marked, the police will use black light to check all whom they encounter, and the criminal will never know.
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