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  1. #1
    Join Date
    May 2017
    Posts
    3

    Default Former Contractor is Soliciting Clients

    My question involves independent contractors in the state of: California

    1) Had independent contractor (cleaning lady) inform our client that she no longer is affiliated with us in order to solicit the clients business directly. Client called her directly a few days after IC told her she no longer works for us and is now servicing the client. What course of action can I take on IC?

    2) Same IC after finding out #1, was told to return client keys to homes she had in possession to owner or us so we can in turn give it to rightful owner. IC refuses and insists that we need to get keys from her. I argue that since homeowners gave keys directly to her during initial visit to clean their homes, its her responsibility to give it back to them or as a favor to her to return them to me and I can give it to homeowners or give to new IC that will be servicing the home. I try to explain my side by saying that if she quit or got fired from McDonald's, McDonalds wont be sending anyone to her home to retrieve any items that belong to McDonalds or their clients.

    3) Given that she is not affiliated with us, she insists on having us write a letter stating that she no longer work for us at a given date which she intends to give to government for her getting Section 8 assistance. Am I obligated by law to write any letter in regards to the termination of our partnership?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,435

    Default Re: Three Part Question:

    Quote Quoting coleslaw
    View Post
    My question involves independent contractors in the state of: California

    1) Had independent contractor (cleaning lady) inform our client that she no longer is affiliated with us in order to solicit the clients business directly. Client called her directly a few days after IC told her she no longer works for us and is now servicing the client. What course of action can I take on IC?
    Unless you had her sign a non-compete, there is nothing you can do.

    2) Same IC after finding out #1, was told to return client keys to homes she had in possession to owner or us so we can in turn give it to rightful owner. IC refuses and insists that we need to get keys from her. I argue that since homeowners gave keys directly to her during initial visit to clean their homes, its her responsibility to give it back to them or as a favor to her to return them to me and I can give it to homeowners or give to new IC that will be servicing the home. I try to explain my side by saying that if she quit or got fired from McDonald's, McDonalds wont be sending anyone to her home to retrieve any items that belong to McDonalds or their clients.
    You need to go get those keys from her. Yes, she should be returning them but you are putting yourself at serious liability not getting them back.

    3) Given that she is not affiliated with us, she insists on having us write a letter stating that she no longer work for us at a given date which she intends to give to government for her getting Section 8 assistance. Am I obligated by law to write any letter in regards to the termination of our partnership?
    You are not obligated to give her anything of the kind.

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