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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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My employer is ready to terminate me on wednesday for

Customer Question

My employer is ready to terminate me on wednesday for attempting to steal our exclusive client
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: CA I have not signed any non compete form or any employme nt documentation The clients and I spoke. I reached out with terms via email. My employer cut off all access to Airbnb, email and calendars And asked me to meet at her accounts on weds after my days off She stated she was taking over on my days off and removed my access for maintenance updates I work for a small vacation rental employer who has one client
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: No hr just her and an accountant and her lawyer
Submitted: 20 days ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 20 days ago.

Hello and welcome. I am very sorry to hear that you may be let go. Did you have a specific question regarding this situation? How can I help you?

Customer: replied 20 days ago.
Thank you. Does my employer have a right to sue my in CA for propositioning her client while I am her employer? In addition will I be eligible for unemployment if terminated? And finally should I sign anything or answer any questions at my termination meeting?
Customer: replied 20 days ago.
She has provided no non disclosure agreement no non complete agreements no hr or employer handbook not scheduled time or days off. I'm a property manager for her vacation rentals.
Customer: replied 20 days ago.
I have emailed the clients my interest in working exclusively for them and pay requirements which they most likely have shared with my employer. She has blocked all computer and email access prior to our meeting Wednesday
Expert:  Patrick, Esq. replied 20 days ago.

Thank you.

In general, no, there would be absolutely no basis to sue you for attempting to steal a client, as it is not illegal to compete. In fact, there is a strong public policy in favor of competition, and except in certain very limited circumstances, an agreement in which you were prohibited from contacting a client--even if SIGNED--would most likely be unenforceable.

As for being eligible for unemployment, you will be denied if the EDD finds that you were terminated for "misconduct," defined as conduct evidencing an intentional or reckless disregard for the interests of your employer. Attempting to steal a client from your employer could possibly rise to this level, since you should have known it was clearly contrary to their interests. It wasn't ILLEGAL for you to do, but the EDD will reason that you should have foreseen the potential that this would cause you to be terminated.

As for whether you should sign anything, that is really impossible to say without knowing what it is that you are asked to sign. However, you would have absolutely no obligation to sign anything, and you should have anything reviewed ny an attorney before signing. You should not sign anything impulsively or because you feel pressured to sign.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Customer: replied 20 days ago.
Thank you for the information. Lastly I have another job offer. I don't require her reference. Should I resign or awaiting termination and possible severance?
Expert:  Patrick, Esq. replied 20 days ago.

That's really a personal decision and judgment call that only you can make. What I can tell you is that an employer has no legal obligation to offer severance and I think it would be unlikely that severance is offered under the circumstances you describe. If it was ME and I had a job offered, I would simply resign to accept the new employment.

I hope this helps. Again if there is anything more I can do for you just let me know. It's my pleasure....

Expert:  Patrick, Esq. replied 20 days ago.

Was there anything else I can do for you before we wrap up?

Expert:  Patrick, Esq. replied 20 days ago.

Are you still with me?