I would like to know when an independent contractor agreement signed in the state of GA in July of 2008 is invalid? Also the cost of a response to a cease and desist letter?
Country relating to Question: United States
State (if USA): Georgia
Hello and thank you for the question. I am sorry to read of this dilemma. Is there a particular issue about such an agreement you are concerned about or are you asking what the statute of limitations is?
Well my issue in simpler terms, is that I have worked as an independent contractor for a pet sitting company since July 2008 (one of many i have and am currently working for). In Jan 2012 I started my own. The owner of the former company who I have worked contractually for and have done some office work has sent me a cease and desist letter from her attorney (which is her father in law btw) stating that I have used her materials and taken a client of hers who gave me a testimonial on my site and was featured in my promotional video. I have not used any of her material as I have had exposure to not only hers but 5 other companies, I have used template material which I purchased and revised. As for her former client, her client left her company because of expense months before I started my own and sought me out through an internet search shortly after I started mine because I am significantly cheaper. I did not solicit to this client which she is stating I did. She has no legal documents accompanying her cease and desist and frankly there were quite a few misspelled words. I have not responded because I wanted to make sure I took the best approach and was even wondering if she has any claim since I initially sign her IC agreement in July 2008 with no termination date stated in it and it is now 2012. To be honest we are talking about small amounts of money since it is pet sitting but, I think she is just using a scare tactic on me because I am now competition. Thoughts?
Did you sign a non compete? If so what are its time, space and scope limitations if any?
Attached is what I have signed in July 2008 (I believe as I am searching for the actual signed copy, this maybe a later version that they have just sent to me) as well as the cease and desist letter with a lot of allegations but a lot is not true. I have signed an independent contractor agreement not a non compete...
By being an independent contractor you are by definition entitled and expected to work elsewhere and compete. Even non competes are rarely enforced. Here the letter is without factual or legal basis.
With that being said, her allegations in her letter, is she able to enforce or seek further legal action as she states? What would be your suggested next steps and is your comment in the basis of Georgia law?
I see no basis for her position. Had she had rights or inclination to sue she likely would have done so. The letter is often a cheap attempt to scare one to comply. Good luck. Kindly rate the answer as Ok or better.
Licensed attorney helping individuals and businesses
I will rate your service as excellent thank you for your help. Would the right approach/ next steps be to have a lawyer respond? Thank you!
I would agree. Sends a clear message and relatively cheap.
Thank you very much. Any other advice is greatly appreciated.
I think you are well on your way.Good resources are findlaw.com and martindale.comFeel free to come back if you have new questions and ask for me.
Just one brief question, are there any limitations are common laws regarding the length of validity of independent contractor agreements in the state of Georgia?
I will surely be contacting you again in the next day or so once my response is drafted :)
Just one brief question, are there any limitations are common laws regarding the length of validity of independent contractor agreements in the state of Georgia? Or somewhere you can direct me to find this. Thanks!
Is providing legal responses to cease and desist letters something you do? If so what would be the associated charge?
Lawyers would normally charge about $500 for a response.we cannot do so for customers per site rules.
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