At this point, stealth is your best bet. But you need to understand the stealth techniques. Simply buying an account will not help you if you don't know what you are doing. Buying an account WILL save you time and time is money. But you need to know how to KEEP the account.
More concerning is the apparent lack of controls you have in your operation. That needs to be fixed immediately. As a business owner, you need to understand and monitor what is happening within your organization. Even good and trusted employees can go bad, for various reasons. Everyone can experience problems with family, health, etc. And sometimes they can just get lazy.
If you know that you are selling 300 items per day, then you have to know how many packages are being shipped each day. If there is a discrepancy, you need to quickly find out the reason why. Maybe it is normal, like being out of stock on a certain item. Maybe one person could not pack and ship 300 of whatever you are selling in a day. Maybe the employee got lazy. But you have to identify the problem quickly and fix it before it does damage to your business.
A lawsuit is going nowhere. Sure, this is America. You CAN sue anybody for anything you want to, but that does not mean that you can win. I have only seen employers successfully sue employees where there was criminal conduct, or evidence that an employee acted maliciously to harm the employer. If this employee was trying to kill your business rather than just being lazy, then you may have a chance.
But, lets say you were able to sue AND win your case. Then what? Does this ex-employee have money in the bank that you can attach to satisfy the judgment? Will his next job pay enough for you to be able to garnish his wages? Will you even know where he is working? Will he simply file bankruptcy if you get a judgment? 80% of all money judgments go uncollected. Winning a case is a lot easier than actually COLLECTING the judgment.
I don't mean to offend you or upset you, but if I were an eBay rep and you called in trying to get the account back telling me the same thing posted here, my thought would be - this guy is TERRIBLE at running a business, he cannot control his own operations, why would we want him selling to OUR customers and disappointing them? So, I don't see eBay giving you the account back, although maybe it is worth a shot.
Going stealth and simultaneously fixing your operation is your best bet, IMHO.
Last edited by jeffweico; 05-06-2012 at 11:18 AM.
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