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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20129
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Marsha. I also have a question. My old employer and I have

Customer Question

Hi Marsha. I also have a question. My old employer and I have parted ways on my behalf. I worked for a paint distributor and currently went back to painting cars. I sign a non compete and some of those customers I have known for a long time and some for the duration of my employment. We have reached out to each other to see how things are going and I received this text from my old employer Friday.
I have a noncompete with a paint distributor. I have recently have left and went back to painting cars. I received this text from my former employer yesterday.
I'm sorry that things didn't work out for you at (Company name) and our company's recent change to (Company ). I realize the (Company name) relationshi was sour and I can only wish things could've been better. Please take my words for what they are and what I hope to convey. There are many employees that were once part of your team who see the most recent comments made by you to our FM customers as intent to hurt FM which also hurts them and defame a company they proudly work for. Don't let them be the casualty of a sour relationship that existing between you and (Company name).
We have received two additional confirmations from our customers that you have reached out to them since your dismissal on 6/29 - which is a direct violation of your non-compete. Company name takes these matters seriously and as a result you will be receiving enforcement of your non-compete early next week. As I mentioned in our conversation before, your relationship with our previous customers is not one in which you may feel they keep your comments between you and them. These customers are willingly reaching out to us to let us know what's being said. I'm reaching out to you in hopes you will see the seriousness of what will come your way and not believe you are having private conversations. Please move on and make the best of your new career.
I need advice to what my rights are.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and your question and I apologize for not getting back to you sooner. I didn't get a message that I have been requested and I usually don't work on Sundays. In any event, first and foremost, you will need to hire a local employment law attorney who handles non-compete agreements as soon as possible, since it sounds to me that you may be receiving either a judicial injunction or a summons and complaint for violating your non-compete. There would be no way for me to guess whether or not you have violated your non-compete or even whether or not your non-compete is enforceable, without not only reading the entire document, but also knowing all the facts from you, your former employer, and the customers involved.

What I can tell you though is that, assuming that your non-compete is enforceable, that soliciting customers would normally violate the non-compete. Solicitation would normally be deemed to have incurred if you initiated the contact with customers whose names and contact information you initially got through your official work for the former employer and you discussed them doing business with you. But again, you will need to have an attorney review all of the information I mentioned and also any legal paperwork you may receive this week.

If the customer had contacted you and asked you to do work for them without any offer on your part, that would normally not be considered solicitation that violates a non-compete. As for the other issue, any false statement of fact that damages the reputation of your former employer, or costs them business, can be pursued by them as defamation of character. So, if there is an issue of whether or not the statements you made to a third party were factually true, you might potentially face suit for defamation. Usually, it is better to just keep any inside information or comments about how your former employer does business, to yourself unless you are prepared to defend a law suit.

Please feel free to ask for clarification if needed. If I have logged off by the time you are able to respond, I will get back to you very early tomorrow morning. If you do not have any follow up questions for me, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 10 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the17th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.