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John
John, Attorney
Category: Business Law
Satisfied Customers: 4530
Experience:  Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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I was recently let go from my Job with a fine art

Customer Question

Hello, I was recently let go from my Job with a fine art Gallery. I served as artist in residence and gallery director. I was paid separately for these to jobs. The art went to my own corporation and I paid taxes on that while the gallery got 40% of the
sale. The director position was paid directly to me as an employee. I was let go from my job with no severance pay and no notice. There had been orders placed by collectors on pieces that were not yet completed. If those collectors cancel their orders through
the gallery and choose to purchase from my studio directly is there any legal consequences that I should fear? I did not sign a noncompete nor did I sign a consignment form giving them any exclusivity. Thank you.
Submitted: 1 year ago.
Category: Business Law
Expert:  John replied 1 year ago.
My name is John. I have over 13 years of legal and counseling experience in these types of matters, and I’m happy to assist you with your question today.

There's a chance of liability to you if you induce them to cancel, yes. Tortious interference with contract or business expectancy - meaning you knew of the contract and induced the collector to cancel the contract so you could personally benefit. But if the collector just decided to cancel, without our your inducing that, then there would not be liability to you in any way. Whether the gallery would pursue such litigation I have no way of knowing, bu it is an option to them.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers; otherwise the website just keeps your payment and doesn’t credit me at all. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
just to make sure I understand correctly. If someone calls me and tells me that they don't want to work with the gallery and only want to purchase directly from me without my inducing them to say that, could I go ahead and sell it to them or would it be better to lose the sale from a legal perspective?
Expert:  John replied 1 year ago.
If someone calls you that's fine, you may take that order. But you shouldn't call anyone/everyone that has an open order and induce them to drop the gallery and contract with you directly.
Expert:  John replied 1 year ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing positive feedback; it is the only way I get credit for the knowledge I share. Thanks.

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