I have a situation here that I would like to refer to you, Attorney, and I hope that I will be given enlightenment with what to do.
First off, I am working for an online company that offers work at home jobs in Philippines. Said company is based in Australia.
Now for the details:
One of our home-based agents (let's name her Cindy so we can have a proper reference) recently forwarded her resignation from her client (client is also based in Australia). The nature of said client's business is about Australian Migration services (he is a registered lawyer by the MARA).
During Cindy's tenure with this Australian Client, she was acting as a liaison staff that deals with her client's clients -- these clients can either be in Australia or abroad. Naturally, Cindy has access to a database of their clients that includes names, tel nos, email addresses and etc...
Until recently, this Australian client of ours contacted us and complained that Cindy was transacting illegally on his behalf (since she is already resigned from him). According to him, Cindy frauded one of his clients who is based in the mid-east.
Cindy did not inform this mid-east person that she is no longer working for Autralian migration firm and instead collected certain sum of money from this mid-east person as payment for migration-related services for Australia -- said amount is almost 400k in PH pesos.
And now for the problem:
Cindy has not signed any contracts with us when she started working for this Australian Client. The reason being is that she was already staffed with us with a previous client where she earlier signed a contract.
Now, Cindy's Australian client is suing us for breach of contract. NOTE: We and this Australian client have signed a contract where we will provide him with a staff -- hence, Cindy.
I understand that we are liable for this Australian client. But what about Cindy? What are the charges that we can file against her?
Again, please note that nature of our operations is Home-based work for filipinos and hence everything is done online -- this includes signing of contracts and communications. No personal appearances ever take place throughout the history of our operations.
Thank you and my apologies for a lengthy explanation.
All I ask is for enlightenment on what we can/can't do and all the legal steps that we can take.