I have a real bad situation that is financially devistating
I have a real bad situation that is financially devistating for me and my carrier. I am being sued for a job taken as a CSR to work under the agent of this company. They are now using this contract to take all of my business I done as an agent for the 11 years prior to my signing this contract. I worked there for 2 years and also have a whistle blowers complaint in this suit. The problem is I need my clients released that I show as agent of record prior to my signing this contract. The company already had some of my comissions in hand when they strong armed mne to sign this contract and promisied me an agent agreement would follow that would allow me to keep all of my clients. when I left and went to take my clients is when this suit was filed against me. How do I prove that the CSR contract does not allow them to use that as an agent contract. I can not find anything stating that CSRs by law are not allowed to sell as an agent or anything showing this job contract allows them to consume my clients. My client base was 4 times the client base of this business...JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MichiganJA: Has anything been filed or reported?Customer: I have a protection order and not allowed to contact clients and it is Medicare open enrollment time.JA: Anything else you want the lawyer to know before I connect you?Customer: I had a large amount of clients before taking this position and signing this contract. I was told I would have an offer to work as an agent and would be able to have some input on this agent agreement. My comissions were paid to the agency for my clients first on 12/31/2013 and I signed the contract on 1/7/14. The employer already had over $5000 of my Meedicare cleint comissions in hand and Forced me to sign if I wanted my money returned. I do have a lawyer who has been working this for over 5 months now and not doing much to help as he does not seem to know what to use to fight back for me. I think it maybe possible he is milking me and not sure what to do to get my business back. I need some sort of legal proof that I can take to the Judge on 10/24. I am hoping to find someone that has tried this type of case that can assist me with some documents for a fee. I need a case example or something reflecting that CSR contracts are limited to work done under an agent of the company.
My husband is a sub-contractor currently working for a
My husband is a sub-contractor currently working for a construction/repair/remodel company. He has been working with the company for a little over a year now. The owner has now asked all sub contractors to sign a non-compete agreement. The agreement is for two years after leaving the company. It seems too limiting, saying that he could not leave and work for a competitor and he could not go off and start his own business doing the same thing in Davidson County or in the neighboring counties. Now the owner is threatening to not pay for services rendered if the agreement is not signed. Is any of this legal, should he sign the agreement?
This has to do with intellectual property - The Founder of a
This has to do with intellectual property -The Founder of a non-profit asked me to come work and promised me pay, there was no contract. 3 weeks in she told me I couldn't be paid as they didn't have money for me(but she did pay herself). I was running a project that I believed in so worked for 9 months for pro bono so that the project could come to fruition. During this, I wrote a document, that I then successfully got approved by TED Women to use at their upcoming program. I am going to cease working with the NGO once I see the TED actions completed.My question is I want to use TED and the doc that I wrote as a launchpad to start a new company that will not compete with the NGO that never paid me....can I do this? Is this document I wrote mine, or does it belong to the org - eventhough I was never an employee of their's/under contract etc.
I bought a car rental business and have a non compete
I bought a car rental business and have a non compete agreement with the old owner. Now he is working with another car rental company and he is pushing me to sign up with his company for franchise agreement. I think that will be good for my business. The letter of intent says he is the legal representative of the new company. If I sign the agreement, will it nullify the non compete agreement? Thanks
I am an insurance agent and I came up with an idea on how to
I am an insurance agent and I came up with an idea on how to solicit life insurance to a niche market. I did talk to a colleague about my idea and we have partnered together to maximize our opportunity. What can I do to ensure that he does not take my idea and steal the opportunity away from me? I don't think he will but I want to know how to protect myself and my idea.Thank you,Jon Lyons
I work at a window cleaning company. They have a no compete
I work at a window cleaning company . They have a no compete clause that I signed when I started working there. Someone recently told me that if I'm not a sock holder in the company that they can take no league action against me if I decited to get a buisness licence and start my one buisness. What can you tell me about this? I live in Virginia right now. Would the laws be diffrent from state to state?
This question is regarding a non-disclosure/non-compete
This question is regarding a non-disclosure/non-compete agreement. There is a computer software design company whose main customer has been the schooling systems. In an effort to expand, the company hired a team of approximately 23 employees to expand sales along other avenues to generate business. My cousin is one of these employees. This venture started approximately 8 months ago. However, the sales just have not been successful. What started out with the team of 23 has now dwindled to 7. Initially salary was to be paid for 9 months and then would turn over to commission on sales. Salaries had to end before the 9 months because the sales were not there. Even some of the schooling business is also gone. My cousin did sign a Non-Disclosure and Non-Compete Agreement at the beginning of this venture. However, now he is having to look elsewhere for work. The three sections in question are 1. Disclosure of Invention to Employer. This is only regarding patented or copyrighted applications and is not applicable. 2. Non-Competition After Termination. This says that he cannot be employed by any person, firm or corporation in competition with Employer, etc... How enforceable could this be? He currently has no real option but to look for another job and has an opportunity to work with another Software Design Company, but just wants to make sure that this would not be a real issue. There are no "trade" secrets that he has any knowledge of to divulge and there are no "customers " that he would be trying to obtain from his former employer....which brings me to 3. Solicitation after Termination....Again, there are no customers that were obtained that would he would be soliciting. He is simply wanting to make sure that he handles things correctly. But is there a specific thing that makes a contract such as this null?
My husband and I are 40% owner in a family owned LLC
My husband and I are 40% owner in a family owned LLC parnership. 20% by another family member, 40% another. The other 40%"owner wants out, so we have agreed on a price to buy him out. Nothing is signed yet, how do I protect myself from him trying to compete against me directly. There was no no compete clause written up in the initial forming of the llc. And, we both have the same tax man; is this a conflict of interest for the tax man?
Counselor at Law
I'm a new owner of beauty salon about four months ago I
Hi my name is NoushaI'm a new owner of beauty salon about four months agoI had a one stylist she's been working at this salon about four and halfe years on commission basedDuring last four months she didn't listen to me and so rude to others clients and so many others reason I decided to fire hereShe's takes all the clients numbers with herself and rent the chair one block away from my salonI was wondering is it legal to be that much close to my salon and start talking bad thing about me
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude