Employment Lawyers Can Answer Your Employment Law Questions
It's a standard form addendum dealing with outside brokerage business (direct business to Investment Companies).
This, though executed by me, is not executed by them even though there is a signatory/title/date line.
This two page addendum is separate from my Registered Rep agreement that they can't find at all.
They provided it as part of the employment process.
Lisa,That is good. The reason I was pressing that point is because under common law a party who created the boilerplate agreement or addendum, or the party who provided the copy to the other party to the signing can be held as if they likewise signed the agreement once the receiver of the boilerplate receives and signs it. This is why it was so critical to know because then you do have a viable claim that this is an actionable addendum, provided you can prove that a copy of this was forwarded to them. Furthermore, the obligation to prove that the Registered Representative Agreement was signed is on them, so if they cannot do so by a certain period of time, you can deem it void. You can do so in writing, that is, you can send notice giving them 30 days for example to find this agreement and if they cannot, deem it unenforceable.Good luck.
The addendum that was provided to me, signed by me, and not signed by my employer is still enforceable? This is one of the questions. I'm understanding your response to be that if furnished by them and returned by me that it is in effect. (This bars me from contacting these clients for one year). They have no other products or accounts except the direct business I arranged for them. They were not VALIC clients, and have no VALIC products, VALIC was simply the Broker Dealer.
Lisa,The addendum that was provided to me, signed by me, and not signed by my employer is still enforceable?Currently it is not enforceable as it is not signed. My answer above explans how to claim that it is enforceable and make it become enforceable agianst the other entity. This is one of the questions. I'm understanding your response to be that if furnished by them and returned by me that it is in effect. (This bars me from contacting these clients for one year).Correct understanding. They have no other products or accounts except the direct business I arranged for them. They were not VALIC clients, and have no VALIC products, VALIC was simply the Broker Dealer.That does not matter, the solicitation clause remains binding and valid if there is evidence that you can show where you agreed to be bound under the terms of the addendum.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).