Location: Indiana
So this is a little lengthy. I had a “friend” contact me a few months ago in my business and promise to do marketing management and improve my business that had been struggling from the winter season. As I knew him at the time to be an upright person, I trusted him, and we worked together for approx 5 months.
He knew we were a struggling business and offered to help grow the business and when we see it’s profits he’ll be paid 15% of the profit after expenses I knew it was alot of money however I accepted it trusting his work as he produced us alot of results and seemed genuinely invested in the companies welfare wanting a lasting relationship. A month or so passes and we pass 10k in revenue and in that time he has set up a booking system a Google business profile (GBP) and ranked it a seperate website and ranked among a few other things.
His first legitimate paycheck I overpaid him (willingly) because upon his rules after expenses, he would’ve made only a few hundred bucks on about 2 months of efforts. However, I paid him the amount he was expecting because he was worth it, and the business took a small hit from extra lost revenue. But it was fine we were making a good amount of money.
He suddenly asks me in the following weeks if we hit 12k this month could we do 20% profit share because “I am now doing alot more work”. I denied him this request because 1. That a huge fucking amount of money for a growing business 2. He decided his salary of 15% and I had accepted it and could see hints of his greed and knew this was a slippery slope (mind you ONE MONTH
has past and we are already discussing increasing pay)
2 weeks into July he starts all of the sudden hounding me for a contract between us. Because nothing at this point has been signed because I trusted him and he trusted me (or so I thought) but he hounds me for a contract and tells me I have a week to get it together and now he wants a flat fee because he’s “working to much” (at a rate he himself decided) so either he does less work or we increase his % or he receives a flat fee for his services. Being kind I let him decide his rate which was ludicrously above market value however I accepted because again I’m putting my trust into him and his work.
I get a contract together paid lawyer but mention to him that all the work that hes done and has been compensated for belongs to the company he had never once considered that and essentially lashed out saying that he created it and it’s his property that he wants to keep as “future assets” (the google business page/website etc created on our behest) as you can imagine I called him out on this being shady as shit and extremely dangerous for business.
Nevertheless I created a contract reiterating and solidifying a clause that everything he created and was paid for is under work for hire and solely belongs to us now and in the future indefinitely and this is non negotiable.
He takes issue with this and after a day tells me I’ll give you the rights however the fee that he previously gave me and that we had agreed upon has now reached a thousand. I tell him absolutely not because he had told me his fee a week prior of 750 and it was written in the contract and in our messages as 750 and it would not increase. And I threaten litigation if he does not sign over the ownership for things he’s been PAID FOR.
I terminate our business relationship the following day.
Yesterday he speaks with me in a most ugly fashion and saying he has spoken to 2 lawyers and I can’t sue him and all the assets belong to him.
———————————–Today————————————-
He locks me out of the booking system he set up holding 100+ clientele hostage inside. He removes the tracking numbers and now we cannot even receive phone calls to the business and all operations have ceased as of this moment.
He believes the google business profile that was solely funded thousands of dollars via ads by my business is somehow his because he created it. And is free to do with as he pleases. However, creating a GBP is free, and the company funded it over 50 five star reviews that I pay my technician (as a bonus) for getting from customers is in it all our pictures are in it. So essentially, that shell company DOESNT exist because all payment invoicing processing services, etc, were solely and completely handled by my company. I fear he may try and sell the business profile for profit.
I have all of the receipts for all financial transactions and records, as well as texts and other information.
He believes i somehow don’t have a case. What can I do to sue his ass into the ground under fraud and/ or sabotage among other laws? I know he is breaking. And how to prepare and where i can sue him.
Thank you.