Using Deception To Catch Poaching

Discussion in 'Legal' started by IainB, Feb 14, 2019.

  1. IainB

    IainB UKBF Newcomer Free Member

    12 0
    A cleaning business my wife runs has recently suffered from a bout of poaching whereby a cleaner pinched 2 of her clients. This really irks me and so I decided to pose as a potential customer and asked the cleaner if she had any availability for me as a client and could she provide a reference. She then gave me the contact details of one of the clients she had poached from my wife's business! I had a very nice chat with her and she told me how great the cleaner was and how she was glad not to be paying the agency fee any more. My wife then sent the the client an invoice for her placement fee as detailed on her contract.
    Was my deception to catch a thief fair game or have I compromised my wife's position in any way?
    I am a named partner in the business if that makes any difference.
     
    Posted: Feb 14, 2019 By: IainB Member since: Mar 15, 2018
    #1
  2. The Byre

    The Byre UKBF Ace Free Member

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    Probably not, but legal questions are always down to the details.

    At the heart of the issue is the structure of the relationship you have with the clients and you may like to revisit this, so that the agency fee vanishes.
     
    Posted: Feb 14, 2019 By: The Byre Member since: Aug 13, 2013
    #2
  3. Blaby Loyal

    Blaby Loyal UKBF Ace Full Member

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    Have they challenged the invoice? If not, press on with it.
     
    Posted: Feb 14, 2019 By: Blaby Loyal Member since: Jun 12, 2018
    #3
  4. IainB

    IainB UKBF Newcomer Free Member

    12 0
    They are focusing on how she obtained the information. We are not getting drawn in so far and focusing instead on the contract.

    Byre, it is hard to restructure the business and we do operate a fairly common model. Even if we were to include the agency fee and make it a single, it wont remove the temptation to some to steal a cleaner and pay a bit less.
     
    Posted: Feb 14, 2019 By: IainB Member since: Mar 15, 2018
    #4
  5. Blaby Loyal

    Blaby Loyal UKBF Ace Full Member

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    That being the case then the amount involved will probably determine how far you push the matter.
     
    Posted: Feb 14, 2019 By: Blaby Loyal Member since: Jun 12, 2018
    #5
  6. The Byre

    The Byre UKBF Ace Free Member

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    Cerberus? @Blaby Loyal, are you telling be you are at the gateway to Hades? (If so, it has to be the first time that someone has been honest about legal processes - litigation: you enter as a pig and come out as sausages!)
     
    Posted: Feb 14, 2019 By: The Byre Member since: Aug 13, 2013
    #6
  7. Newchodge

    Newchodge UKBF Big Shot Free Member

    12,084 3,124
    As long as your wife's business has adequate contracts with clients and employees, then there is no problem. It is none of the employee's business HOW you got the information, as long as it is accurate.
     
    Posted: Feb 14, 2019 By: Newchodge Member since: Nov 8, 2012
    #7
  8. Blaby Loyal

    Blaby Loyal UKBF Ace Full Member

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    Yes, I've been at that gateway (on both sides of it some might say) for many years and have the dogs to prove it.

    My approach to litigation is somewhat different from the norm. My costs are around 25% of what you'd pay a solicitor (but I am not 'cheap' for a reason) and I don't engage in "letter tennis". I deal only in reality: fantasy costs a whole lot more! :D
     
    Posted: Feb 14, 2019 By: Blaby Loyal Member since: Jun 12, 2018
    #8
  9. The Byre

    The Byre UKBF Ace Free Member

    8,635 3,353
    Letter tennis = boat payments!
     
    Posted: Feb 14, 2019 By: The Byre Member since: Aug 13, 2013
    #9