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  1. #1
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    Feb 2013
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    Question Informing a Former Client's Customers That I Was an Independent Contractor

    My question involves business law in the state of: Colorado

    I was hired as an independent contractor, and treated like an employee (I did not provide equipment, was given hours to work, and did not personally deal with finances). My contract stated that clients of the establishment shall stay the clients of the establishment, and I cannot "service" these clients at a new location until six months after my contract has ended, which is when I left, so I wasn't under contract for six months. The wording is very contradicting to me.

    My question now is; can I be sued for letting my clients know, after I left, that I am at a new location when I was an independent contractor not an employee? They are allegedly suing to revoke my license, which I don't think is possible. They stated to me amidst my departure that they would have waited until they had 100% clientele before leaving. This gave me further confusion as far as their stance on me notifying my clients I left.

    I want to know if they can actually sue me, based on these facts. Thank you.

  2. #2
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    Default Re: Informing a Former Client's Customers That I Was an Independent Contractor

    What was the purpose of your communication? Were you trying to get your client's customers to stop using its services? Were you trying to get them to hire you directly before the six month non-solicitation period expired? Something else? What harm does your client allege to have resulted from your actions?

    We can't talk about your license as you've shared no relevant information.

  3. #3
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    Feb 2013
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    Default Re: Informing a Former Client's Customers That I Was an Independent Contractor

    I felt obligated to let my client's customers know where I was located, without any tone of "don't go to such and such anymore", and because they had expressed interest in knowing where I went if I left. I wrote only people who had seen me - so not to take away from anyone else in the business (I'm the only independent contractor, the rest room rent). There was never any conversation of hiring me as an employee at any time, because they treated me as such to get out of taxes supposedly. The harm they are alleging is 25,000 in lost profit because of my notification to the customers that I left, assuming I took on every one of those customers.
    Can they assume that everyone of of those customers will come to me? I simply told them where I was, and only have proof of a handful of people using my services instead of theirs (resulting in only a couple hundred in revenue).

    The license is a separate accusation with no grounds other than what is stated above- they are wanting to sue, on top of the 25,000, to revoke my license so I won't be able to work in the state.

  4. #4
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    Default Re: Informing a Former Client's Customers That I Was an Independent Contractor

    Quote Quoting acm
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    I felt obligated to let my client's customers know where I was located, without any tone of "don't go to such and such anymore", and because they had expressed interest in knowing where I went if I left. I wrote only people who had seen me...
    Every single customer who saw you asked you to tell you where you would be going if you left? How did you get their addresses - from your personal notes, or did you misappropriate your client's mailing list or customer list?
    Quote Quoting acm
    (I'm the only independent contractor, the rest room rent).
    I've heard of pay toilets before, but restroom rent?
    Quote Quoting acm
    The harm they are alleging is 25,000 in lost profit because of my notification to the customers that I left, assuming I took on every one of those customers.
    Did you serve any of those customers? Before the six months were up?
    Quote Quoting acm
    Can they assume that everyone of of those customers will come to me?
    They can assume anything they choose to assume. They can sue based upon assumptions and see what the facts show over the course of their litigaiton.
    Quote Quoting acm
    I simply told them where I was, and only have proof of a handful of people using my services instead of theirs (resulting in only a couple hundred in revenue).
    Before or after the six months were up?
    Quote Quoting acm
    The license is a separate accusation with no grounds other than what is stated above- they are wanting to sue, on top of the 25,000, to revoke my license so I won't be able to work in the state.
    They didn't issue your license and they have no disciplinary role in relation to your license, so I'm not sure what this notion of their suing to revoke it is about. If they believe that they have grounds upon which the state could revoke your license, they can make a report to the state.

  5. #5
    Join Date
    Feb 2013
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    3

    Default Re: Informing a Former Client's Customers That I Was an Independent Contractor

    First of all, thank you for all your attention on my question.

    Everything that has happened has been in a two month period, 6 months after my contract expired.

    It was a mix of people that I contacted. I had my own records of customers wanting to know where I went when I left (again I only talked to them about my intention to leave out of contract and out of the 6 month "no servicing" period), and contact info they personally gave me. A few emails were from a list I compiled with their knowledge, but it was intended for their gain, again complied out of my contract period.

    I was not going to email customers when I left (people I hadn't seen in a while), to not complicate things, but then got an email from the owner after I gave my three week notice (written to my spouse and I) "If I were her I would have taken the same actions until I grew my clientele enough to be 100% on my own and then gave my notice." and "There is nothing wrong with any these actions". I assumed with this that I could let people know where I went. I also mentioned who would be my replacement at their establishment.

    All communication with clients is after the six month contract was up AND after the 6 months mentioned in the contract to not service customers was up. I never serviced customers while working at their establishment. They are convinced that I did.

    Good to know about my license, that's what I thought, but thought I'd make sure. They're wanting to "get back" at me I guess. I wasn't sure if it was even possible to sue for someone to not work in their field.

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