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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36125
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hello, I am an independent contractor. I have had a long

Customer Question

Hello,

I am an independent contractor. I have had a long term relationship with a company (Company 1) that provides marketing, network installation, CRM and experienced cold callers to businesses in any kind of industry. I have also been offered another contract with a company that offers similar services for a specific market, car dealerships (Company 2). I am an experienced telemarketer, so I would be doing this service for both companies.

As I was researching Company 2's website, I thought it looked familiar. I think when doing prospecting for Company 1 to help drum up business when things were slow, I may have approached Company 2 with the services of Company 1. I don't have access to the database to see my notes because I am no longer on that assignment, but I remember that either the answer was no or I had marked it as not a good fit because they do the same kind of service. Company 2 had an advertisement on Craig's List, so I did not draw the information off of Company 1's database, and I did not recognize them until later in the process.

I asked the owner of Company 2 if he had any relationship with Company 1, if he was in any way in touch with Company 1, or would use this kind of service in the future. He said no.

The current assignment I am working on with Company 1 had not written contract. Usually there is one for each assignment, but for some reason not this one. I don't have a general contract signed with Company 1 as in the past we have just done one for each assignment or client.

I think I am OK, but I still feel uncertain. Also, a clause in the contract for Company 2 says that I have had legal consultation before signing. Can someone there help me with this?

Sheri
Submitted: 4 years ago.
Category: California Employment Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of the situation.

Under CA law, non-compete agreements are illegal except in vary rate circumstances, and short of you taking contact lists from one company and using them in another company---I don't see any violation of law, or any potential for a lawsuit.
I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you. That is a relief. I am not mixing any lists or contacts between the companies, just performing similar work.

Sheri
Expert:  LawTalk replied 4 years ago.
My pleasure Sheri! Best of luck in your new contract. Keep in mind that, by definition, independent contractors are entitled to work for more than one employer at a time---you are a business and may legally have more than one customer.

I wish you the best in your career!

Doug

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