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Now how to like that, I am getting sued.......
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Nov 6, 2013 10:57:19   #
lone_ghost Loc: Wisconsin
 
lone_ghost wrote:
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.
My former employer who dropped me so they would no... (show quote)


Ok, I spent several very expensive hours with my attorney yesterday and this is what she said.

1) The affidavits from the clients support my not having solicited their business in that they voluntarily contacted me after "the company" informed them that I was no longer employed there and that their contracts were being handed over to another researcher.

2) I did not enter into any contractual agreement with any of the mentioned clients until the "mutual termination agreement" was finalized.

3) There was no "non compete" agreement in my original contract, nor was it "exclusive". This means basically that I had/have the right to accept contracts from any one I choose as long as I am not soliciting them directly. Supposedly according to Carrie this could be legally viewed (through the original contract) as my having ownership of any contracts that I brought into "the company" which is all of the clients that are mentioned in the lawsuit.

In short, I can not steal clients that were mine to begin with under the protection of my original contract.

Now this is why I love my attorney. By the time I spoke with her she had already filed a counter suit on my behalf for "malicious litigation". B***h slap!

She also assures me that the cease and desist injunction will be squashed and that in her opinion the lawsuit will most likely be dropped due to the counter suit. Now all I can do is wait.

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Nov 6, 2013 11:02:47   #
Mr Shako Loc: Colo Spgs
 
BoJester wrote:
Big business, big corporations, ALWAYS treat former employees fairly, yes?

No need for regulation or legal protections



Dumb.

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Nov 6, 2013 11:05:55   #
AuntiE Loc: 45th Least Free State
 
lone_ghost wrote:
Ok, I spent several very expensive hours with my attorney yesterday and this is what she said.

1) The affidavits from the clients support my not having solicited their business in that they voluntarily contacted me after "the company" informed them that I was no longer employed there and that their contracts were being handed over to another researcher.

2) I did not enter into any contractual agreement with any of the mentioned clients until the "mutual termination agreement" was finalized.

3) There was no "non compete" agreement in my original contract, nor was it "exclusive". This means basically that I had/have the right to accept contracts from any one I choose as long as I am not soliciting them directly. Supposedly according to Carrie this could be legally viewed (through the original contract) as my having ownership of any contracts that I brought into "the company" which is all of the clients that are mentioned in the lawsuit.

In short, I can not steal clients that were mine to begin with under the protection of my original contract.

Now this is why I love my attorney. By the time I spoke with her she had already filed a counter suit on my behalf for "malicious litigation". B***h slap!

She also assures me that the cease and desist injunction will be squashed and that in her opinion the lawsuit will most likely be dropped due to the counter suit. Now all I can do is wait.
Ok, I spent several very expensive hours with my a... (show quote)


This proves Banjojack is wrong in one thing. He kiddingly says, referring to women, the first mistake was "letting them have shoes". Letting Carrie have shoes is going to make your ex-employer sorry! :D

When will you know about the "cease and desist"? Shortly hopefully?

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Nov 6, 2013 11:13:18   #
lone_ghost Loc: Wisconsin
 
AuntiE wrote:
This proves Banjojack is wrong in one thing. He kiddingly says, referring to women, the first mistake was "letting them have shoes". Letting Carrie have shoes is going to make your ex-employer sorry! :D

When will you know about the "cease and desist"? Shortly hopefully?


The hearing is set for 11/19/13, and yes, Carrie is expensive but she does not mess around. Did I tell you that she was originally one of my clients? That is how I met her.

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Nov 6, 2013 11:16:49   #
AuntiE Loc: 45th Least Free State
 
lone_ghost wrote:
The hearing is set for 11/19/13, and yes, Carrie is expensive but she does not mess around. Did I tell you that she was originally one of my clients? That is how I met her.


Ok, thirteen days. You can utilize the time on your December studies and presentation.

No you did not tell us about the past connection. It is creates a good background for her to have such knowledge to represent you.

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Nov 6, 2013 11:23:02   #
lone_ghost Loc: Wisconsin
 
AuntiE wrote:
Ok, thirteen days. You can utilize the time on your December studies and presentation.

No you did not tell us about the past connection. It is creates a good background for her to have such knowledge to represent you.


She was my client before I started working for "the company" (man that is so weird, "the company" sounds like the CIA or something but that is all I can refer to them as). She hired me to find someone for her not related to her being an attorney. We hit it off and I hired her to represent me in my contract negotiations for "the company" and she has been my business attorney ever since. It is very helpful that she has been with me from the beginning. It is all about networking.

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Nov 6, 2013 11:23:11   #
slatten49 Loc: Lake Whitney, Texas
 
lone_ghost wrote:
Ok, I spent several very expensive hours with my attorney yesterday and this is what she said.

1) The affidavits from the clients support my not having solicited their business in that they voluntarily contacted me after "the company" informed them that I was no longer employed there and that their contracts were being handed over to another researcher.

2) I did not enter into any contractual agreement with any of the mentioned clients until the "mutual termination agreement" was finalized.

3) There was no "non compete" agreement in my original contract, nor was it "exclusive". This means basically that I had/have the right to accept contracts from any one I choose as long as I am not soliciting them directly. Supposedly according to Carrie this could be legally viewed (through the original contract) as my having ownership of any contracts that I brought into "the company" which is all of the clients that are mentioned in the lawsuit.

In short, I can not steal clients that were mine to begin with under the protection of my original contract.

Now this is why I love my attorney. By the time I spoke with her she had already filed a counter suit on my behalf for "malicious litigation". B***h slap!

She also assures me that the cease and desist injunction will be squashed and that in her opinion the lawsuit will most likely be dropped due to the counter suit. Now all I can do is wait.
Ok, I spent several very expensive hours with my a... (show quote)



Chalk one up for the good guys! At least, I am assuming that is where this is going! I certainly hope so.

My Dad was a lawyer, and he often laughed about how a "frivolous" lawsuit was always someone elses's lawsuit...never your own! He also repeated the old saying: "Noone thinks much of lawyers, 'til they need one."

Glad you appear to have a good one.

:thumbup: :mrgreen:

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