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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33762
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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my daughter worked at a cleaning service for about 5 years,

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my daughter worked at a cleaning service for about 5 years, when she was hired she signed a no compete paper of some kind,which she does not have a copy of. she was recently fired because one of the companys clients quit the company and asked my daughter to clean her house outside of the business and they caught her there. they said thery are going to sue her.currently the only proof they have was the day she was there, but now they are harassing the customer to give them proof of how many times she was cleaned outside the business, does she need to hire an attorney or due you think they are just trying to scare her into paying them $700? and they wont give her a copy of the paper she signed
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If they have a noncompete that she signed agreeing not to solicit customers from the company then this would be a binding contract. However, if the customer terminated their services with the company and then they contacted daughter (daughter did not contact them) then it might not be a violation. Most noncompetes prevent the former employee from soliciting customers, but if the customer contacts the employee, then technically that is not a violation.
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But if they actually filed suit against her, it would cost her a lot more than $700 to hire an attorney to defend against their claims. So if depends on whether she thinks they will actually file suit against her or whether they are bluffing. If they file suit, it will also cost them several thousand to hire an attorney to file the suit, so it is possible that they may just be bluffing.
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My personal opinion is that if they are asking for $700, then it is probably unlikely that they will spend $3,000 to hire an attorney to sue her for $700 and attorney fees. Further, even if they win, she can always file bankruptcy so there is not much they can gain by suing except proving a point and setting an example for other employees.
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Thanks.

Barrister

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Customer: replied 3 years ago.

does she have a legal right to a copy of the paper she signed, they wont give her one unless she pays them and what about the customer they are harassing, they told her that if she gives them proof of how many times she was cleaned, then they wont call her as a witness, can they do that

She could only compel them to give her a copy in the "discovery" portion of any trial if they actually filed suit and sued her.
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And yes, if they file suit, they can call as a witness whoever they want to try and prove their case against daughter. Even if they tell her that they won't call the customer as a witness, there is nothing that would legally prevent them from doing so.
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To me, it sounds like a "shakedown" from a mad former employer. But you have to weigh this against the risk that they would actually sue and drag daughter into court over this in determining whether it is better to just settle it with a written settlement agreement.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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