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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86599
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a written contract that had a confidentialty agreement

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I had a written contract that had a confidentialty agreement in I verbally said something that could be a breach of confidentialty basically it had to do with a distance violation that allowed me to get out of a franchise agreement I had exclusive territory protection and the franchisor opened another store 14 years ago in my territory it was only a 75 foot distance breach of a 1.5 mile protection however my contract expired and the contract states there is a non compete clause that would force me to renew I used the 75 breach and also payed a considerable amount of money to get a release . The person I said something to was the store that opened in my protective territory he made the franchisor aware that he had knowledge of the information thinking he could use the same breach of his agreement however he is still under contract the franchisor divulged the information to the other franchisee and never asked were he found out about the information but only told him my store opened first and it was my protective territory that was breached because I opened first I also confronted the franchisor to found out if they did divulge the information and asked what should I do if I am confronted about the 75 foot breach they tolde to tell the truth but not disclose the amount of money I paid the other franchisee does not feel he can claim the same breach being that the franchisor revealed my information and never asked the other franchisee were he got it from I feel that they revealed the information if the other franchisee changes his mind a decides to pursue the franchisor do you think they would try to come after me I was also able to confirm in a e mail that the franchisor said I could tell people about the minor breach I don't thing the other franchisee even has the same claim as I had I would deny I said anything what to y thing
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. I am requesting a quick clarification, please: What exactly are you asking here, i.e. what is it that you wish to know?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I was just concerned if the franchisor could come after me although I did say something to the the other franchisor there were the one who mentioned my name a divulged the content of my release from them and also could the other franchisee claim the same breach he was granted exclusive territory also but I opened first
Expert:  Ely replied 1 year ago.
Tom,

First of all, your response cut off after "also but I opened first..." I am not sure if you had intended to stop the response there, or not.

Second, are you then asking WHAT IS YOUR LIABILITY here? Or perhaps the possibility of suit?
Customer: replied 1 year ago.
Yes the information is now out in the public domain the franchisor said what happened to the other franchisee and never asked were he got it from so would they bother trying to see if it came from me
Expert:  Ely replied 1 year ago.
Thank you and my apologies for the wait.

The confidentiality agreement states that you shall not provide any information over the contract to anyone else. Now, if this information has become public domain but now through you, then it is not your fault.

Of course, the presumption of the other party may be that it was you that exposed the information. But even if so, they would have to prove it by a preponderance of the evidence. This means that they would literally have to show that it was you that made these statements, and not someone else.

Provided that you deny this, and provided that they cannot prove this except their own opinion which has no effective argumentative value, they have no case.

So anyone can attempt to make this argument, but it is unlikely that they will be successful.

You may also wish to remind them that you may also counter-sue for frivolous filing and request attorney fees and punitive damages upon winning the suit - this may deter further threats at litigation at their behalf.

I hope this helps and clarifies. Good luck.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 1 year ago.
So being that they meaning the franchisor actually divulged the information when the other franchisee confronted them they would have a hard time coming back to me because even if they other franchisee said I said it it would be hearsay and the other franchisee told me that his 99 percent sure he not going to pursue the same breach
Because it was my territory they was breached do you agree
Expert:  Ely replied 1 year ago.
Right.

The franchisor cannot prove that it was you who breached the confidentiality agreement. They claim to, but in reality, they cannot and likely, will not be able to. In this case, it is likely that their "bark is worse than their bite" and that they are simply trying to unnerve you, but the threats are empty because there are too many holes in their story - it is obvious even from a general perspective.

Because it was my territory they was breached do you agree


More like I highly doubt that they could prove anything that you were the one who breached that confidentiality clause.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86599
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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