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  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default Contact With Clients After Being Fired, No Non-Compete

    My question involves business law in the state of: IL

    I joined a company under a verbal agreement that we would work out a partnership agreement between the company owner and I.
    He gave me a written proposal of what they agreement would look like and it was so unsatisfactory that I told him, I would be leaving and starting my own agency and could still work with him on his clients project, but would not remain under his employ.
    I have no signed non solicit or no non compete with the company.

    I was offered a job with a competing company and I turned in my two weeks notice.

    My current employer at that time stated that he would accept my resignation early and not give me two weeks.
    He wanted me to complete a few critical items for the clients that could not be completed expeditiously without me and stated that he would contract my services, but would not pay unless I signed a release and non-solicit agreement.

    I stated that I would not sign the agreement and that I wanted to not do any additional work for him.

    A few days earlier before the talk of this agreement took place the company owner called current clients and told them that I was no longer with the company. Two of those clients emailed me and called me wanting to talk about going with me now that I was not a part of the company any more. (I have the call logs, voicemails and emails to prove this)

    I contacted the current clients via email and let them know that I was pleased to work with them but Brian and I were not able to come to a partnership agreement and that I was offered a job which I accepted and that I was no longer an employee or contractor of the company.

    This angered the company owner and he stated that I was causing damage to his business and that I had no right to contact the clients. He is threatening and injunction unless I sign this release and non-compete and finish the remaining tasks he needs completed.

    I do not want to sign anything and do not want to do any work for him.
    I did not solicit the clients who want to leave, they came to me.

    Does he have anything he can get me for here? I did nothing but reach out to clients and let them know that I was leaving and talked to clients who contacted me and expressed their interest in taking their business to wherever I go.

    Again I have not signed anything with him/the company.

    Thanks!

  2. #2
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: No Signed Non Solicit or Non Compete, Employer Fired Me, Clients Are Contacting M

    continue to not sign anything, if you decide to do any work for him get paid up front he can kick and scream as much as he wants, if he actually serves you hire a lawyer.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: No Signed Non Solicit or Non Compete, Employer Fired Me, Clients Are Contacting M

    It's easy to threaten a lawsuit, mildly more difficult to file one, and these sort of things are EXTREMELY difficult to win. The law takes a dim view of restraint of competition even when there is a written legal agreement. In this case, there's not even that.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: No Signed Non Solicit or Non Compete, Employer Fired Me, Clients Are Contacting M

    Tortuous interference with a business relationship comes to mind. How deep are your pockets?

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