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Thread: Cease and Desist

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    Cease and Desist

    I need some advice on the following:

    Our retail shop is located in a shopping centre. In October last year it came to my attention that the lady working at the optometrist across from our shop was selling cleaning chemicals similar to what we are selling. We reported the matter to the Centre's managing agency and they sent them a letter saying that she is in breach of her lease agreement.

    She has now stopped selling from her shop, but one of my customers came to see me last week and told me that the same lady called her over after she left my shop and told her not to buy from me as she is selling chemicals cheaper from her house.

    Now what do I do? Can I send her a Cease and Desist letter?

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    Diamond Member adrianh's Avatar
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    I doubt it. Anybody walking around in public is fair game for marketing.
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

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    Quote Originally Posted by adrianh View Post
    I doubt it. Anybody walking around in public is fair game for marketing.
    So I can call the people coming out of her shop and recommend they use another Optometrist? Not very ethical.

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    Diamond Member HR Solutions's Avatar
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    No its not very ethical at all, and shouldn't be done, but there is really nothing illegal if someone stands at the bottom of my stairs and recruits them. Myself personally I would just make it difficult for them to stand there ........ I would start with by dropping a bucket of water on their head from above
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    Diamond Member adrianh's Avatar
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    Quote Originally Posted by sakkie View Post
    So I can call the people coming out of her shop and recommend they use another Optometrist? Not very ethical.
    Of course you can, ethical or not.
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

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    Platinum Member sterne.law@gmail.com's Avatar
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    Well it can fall under unfair competition.
    Of course the issue is if cost is worth it.
    they say if people come to you for price they will leave for price, so perhaps in turn they will return.

    I would imagine selling chemical products from home is not allowed.
    And I wonder if she is reporting the income AND

    what does her employer have to say?
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Site Caretaker Dave A's Avatar
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    I should think it falls under hawking or touting. Although she may be "trading from home", the fact of the matter is she is still promoting her business on the premises of the shopping centre.

    So go back to the shopping centre management and lay another complaint.

    Or perhaps threaten to start selling sunglasses...
    The trouble with opportunity is it normally comes dressed up as work.

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    Had a meeting with her employer this morning. She is under investigation for falsifying a pay slip and faces disciplinary action and dismissal. So maybe the problem will be solved without me taking any action.

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    adrianh (16-Feb-16)

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    Diamond Member HR Solutions's Avatar
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    Well done ...... if a person behaves unethically like this ......... there is more often more crap that they are causing.
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