Tried to post this yesterday, but my net connection broke.... Hope it isn't too late to be useful.
I told him to remove the content and he did, but he refused to delete the facebook page because he wants to be in charge of the social media, he apologized profusely. At this point I'm not to sure if there is any real bad intentions or not, but as of right now I can't trust him to work on the project with me and I don't exactly know how to handle it. We did have an agreemant where I would pay him to design the look and feel of the website, should I just pay him the amount we agreed and tell him we should go our seperate ways? will this send him into a defensive position where he might want to continue acting as me or my project and try to make his own page or twitter? Should I only pay him a partial amount since there was a breach of agreement?
Are you the boss or not? (Hint: That was a rhetorical question.)This is not his project, it is YOUR project. You are spending the time. You are spending the money. You have all the risk. He is a contractor, not the business owner.
For me, I would:
First, figure out if you want to keep working with him. If his design work is high quality but his social skills are terrible you might keep working with him. If his skills are so-so and he is easily replaced, think about that to. Think critically about this. He has already broken your trust once, and from the description he is eager to break trust again and run with your idea. Do you want someone who is so over-excited that they break your rules? That might mean he is eager for it to succeed, and that might be valuable to you. On the other hand, it might be a warning sign about a lack of self control, lack of integrity, and lack of maturity, any of those can harm you. Your decision is important.
If you don't already have screen grabs of the page with your content, get them from archives if you can. If not, at least get captures of the unauthorized page. There are many pages documenting ways to get copies of thought-to-be-deleted posts. See if you can get them. Consider contacting facebook for copies of that content, although that process probably requires a lawyer.
Verify that the facebook page is currently empty and not just hidden for you with the images and posts still up. Again, lots of screen grabs, URLs, and printouts. Lots of evidence just in case you might someday need to go to court or see a lawyer.
Meet in person if it is reasonable, in a location with people such as a small restaurant for brunch. Bring someone else from the company if you can, or another friend that you trust, and explain everything you are going to do before the lunch so nothing is a surprise, You want a friend who can keep their mouth shut and look stern and businesslike. You'll be paying for the lunch, so pick somewhere you can afford. If either of you has a volatile personality it can potentially get messy, and since you probably don't have a fancy business office with a secretary you can invite in, a bunch of bystanders will have to do. Keep your cool when you meet. Be firm (it is your business) but civil and polite. This is a rebuke, and few people are comfortable either giving or receiving them.
Since he did not delete the page, tell him to delete the page and the content immediately since it violates the agreement and it is not what you want. He is still a contractor working for you, he doesn't own the business and he does not own the property.
Politely explain that his actions make it impossible for him to be your public relations person. Tell him that by posting the images he has already proven he cannot be trusted with the PR job. A good public relations manager understands the importance of embargoing the images and releasing them at exactly the right time under the right circumstances. Explain that he might have been able to do the job if he had not violated the agreement so badly.
If you decided you are done with him, politely cut all ties. Again, do this in person and around people if possible. If he has created any accounts on the company's name, tell him he needs to turn those passwords over. Tell him to return all physical items you have given him, and that he destroy all copies of material you sent electronically. Explain that you feel his posting was directly against the terms of the agreement, and that he breached the agreement. If you have already hit any milestones or agreed upon payments, pay those immediately and declare the rest of the agreement is void. In writing provide two copies of a letter that on {date} he posted information about the project to facebook in direct violation of the agreement, and cite the section of the agreement, write that you are still considering additional legal action, and finally state that because the contractor breached the agreement, the agreement is immediately terminated with cause. Indicate either that all payments have already been made, or that the letter includes a check for {amount} that represents all remaining payments. Sign and date both copies, have him sign and date a copy acknowledging its acceptance (not its accuracy, which he might dispute). If he disputes it, note that it only says he acknowledges receiving the copy, not that he agrees with the contents. If you have good screen grabs, include a copy of them so he knows you have proof. No need to lawyer up quite yet, but be prepared to if needed. Be careful in the letter to only include verifiable facts that you can prove through paper trails.
Tell him you will pay for his brunch or drink that he has already ordered and he can get it boxed if he wants or that you're willing to talk and remain on friendly terms even though the business relationship is over. At this point you'll be glad to have your friend with you so you can diffuse what may otherwise be an extremely awkward half hour.
If you decided you will keep working with him, meet in person if possible. Verify that he has taken down the images and the facebook page. Be prepared with a copy of the written agreement, a copy of the screen grabs showing the unauthorized page. Write a similar later with two copies that on {date} he posted information about the project to facebook in direct violation of the agreement, cite the section of the agreement. Write that you feel this is a breach of the agreement but you are willing to allow a second chance. Write that any future public statements not authorized in writing will be assumed to have damaged your business by at least $10,000 {or whatever the small claims court limit is in your location} even if you cannot document cash damages. That statement is in case he breaches the agreement again, you can easily go to small claims court with that agreement in hand, show that he breached the agreement twice, and collect the maximum amount for small claims court without needing to prove a specific dollar amount of damage. Sign and date both copies, have him sign and date a copy acknowledging its acceptance, and give him the second copy along with copies of the screen grabs. Ask him if he wants to keep working the rest of the agreement. If he does not want to keep the agreement, be prepared with a check for any milestone payments he has already earned.
Pay for the lunch, make polite conversation, be upbeat and hopeful while you talk about what to do next over the lunch you are paying for.
Either way, be careful. Do not bargain or negotiate during this meeting. Do not listen to pleas. Do not make threats, especially legalistic threats. Do not lose your temper. Keep it simple. Do not make any additional agreements or compromises at this time. If he wants to renegotiate something tell him you cannot agree to anything right now, but he can send any new offers through email and you'll consider them. Be careful that everything you say matches what you wrote in your letter, and that what you wrote only things you can verify.
And most importantly, remember that you are the boss, you hired him to do a job, and he broke the rules; you are in a position of organizational authority and he has violated the work order. If you want to keep doing business with him it is his job to make the situation right, with your good-faith assistance.
