lone_ghost Loc: Wisconsin

My former employer who dropped me so they would not have to pay insurance is trying to sue me for "breach of contract". They claim that I intentionally caused them a substantial loss of revenue by "stealing" long term clients who's accounts are considered property of them (the company).

They put me as a private contractor (freelance) Telling me I had to sign a new contract which I refused to do unless they were listed as being just another client with no controlling interest in me or my company. They refused this so we parted ways with many of my clients choosing to go with me. Their claim is that I somehow coerced or manipulated them into doing so and thereby "stole" their clients. My attorney is already all over this since the notification was delivered to her office yesterday.
They have called for a hearing that would make me cease and desist performing any work for the named clients. If they win, I am out of business before I even really get going. What ass holes.
My attorney assures me that they are unlikely to accomplish this but man, I really did not need this crap right now.

BoJester

Big business, big corporations, ALWAYS treat former employees fairly, yes?

No need for regulation or legal protections

lone_ghost Loc: Wisconsin

I get your point, but I have my own legal protection, and she is a pit bull corporate attorney who even scares the hell out of me. They have every right to sue me for breach of contract if they feel I have violated those terms. It is up to me to defend it, and I do not need the government to fight my battles. The regulations you speak of are what gives them the right to sue me.

AuntiE Loc: 45th Least Free State

How, very helpful - NOT!

:thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown: :thumbdown:

AuntiE Loc: 45th Least Free State

Please..please tell me there is nowhere in any piece of paper the phrase "non-compete"! It can sometimes be hidden within the usual minutia of employment paperwork.

I know you have faith in your attorney; however, check.

lone_ghost Loc: Wisconsin

Believe me, I have gone over every word of my contract, and the mutual contract termination agreement I signed. I never spoke to a single client about my leaving the company (which would have been a breach of contract) until that termination contract was signed and the non-compete agreement as you said is what they wanted me to sign but I refused. Even for all of the years I worked for them I was under a non-exclusive contract.
I just have to turn all of my paper work, emails, contact information for the clients etc. over to Carrie on Monday and she will get to work. I do not think they stand a chance, I was very careful, especially during the termination of contract process.
My ego tells me that they just do not me for competition since they know how good I am!

:lol:

In reality though I think they are just pissed off that they lost a chunk of their client base to me and they want them back.

AuntiE Loc: 45th Least Free State

Busbybody Aunti, also, says make them pay your attorney fees. Yes, her fees are a business expense; however, why should you have to pay for their disruption of you? Although this is quite stressful for you, consider the time, effort and cost to them for pursuing such action will cost more th/e/an paying your insurance. :mrgreen:

BoJester

To get legal costs reimbursed, one has to win the case.
Most who are not dreadfully stupid know that

AuntiE Loc: 45th Least Free State

I am betting on a win; however, your kindness in providing input is so greatly appreciated.

In this instance, the phrase, "been there, done that" and have the win to wear on a tee shirt. :D

lone_ghost Loc: Wisconsin

Yes, if I win they will have to pay my legal fees, but that will be a reimbursement. I still have to pay my attorney fees until the case is adjudicated though and that is going to hurt.

AuntiE Loc: 45th Least Free State

At least, it will come back. That certainly does not mitigate the upfront monies going out.

lone_ghost Loc: Wisconsin

I will be going in to speak with my attorney later today so I will have more information as to where I stand.

AuntiE Loc: 45th Least Free State

If you want to be private, just send me a message to let me know how it goes. Best luck.

lone_ghost Loc: Wisconsin

TY

slatten49 Loc: Lake Whitney, Texas

Damn, LoneGhost, I'm sorry for this turn of events! All I'm capable of giving you is my moral support and hope for a positive result...in your behalf.

Keep us informed as you choose, but know that there are those of us on the OPP who will be rooting for you.

Hang tough, my friend. I am with you in spirit. :thumbup: