I have a employment contract question, I live in Grand
Hello. I have a employment contract questionJA: What state are you in? It matters because laws vary by location.Customer: I live in Grand Cayman and from the states but I have a part in my contract that I feel is universal. Its the non compete part. Im looking at leaving the company and going into business with another company but we dont bid on the same projects. Both companies are general contractorsJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: Nope thats it thanks
Thanks for taking the time to read this. For years, I have
Thanks for taking the time to read this.For years, I have worked in an industry that has 2 main types of sales reps. Inside sales reps who work as employees of an organization, and outside agents who work for themselves as an independent contractor.I was lucky enough to have spent some years doing inside sales, some years recruiting outside agents, and now I work for myself as an outside agent.This has allowed me to learn all angles of this industry. And I would now like to start a side business doing consulting. My goal is to consult inside sales reps of other organizations, and guide them into going out on their own as an outside agent. I would be able to guide them to the right companies, based on their particular book of business, and help them get started on their own. With my experience, I would also negotiate their contract on their behalf. I would be a neutral party, not working for any certain organization, just guiding, consulting, and negotiating on behalf of the sales person.Now here is where I have worry about legalities. My idea to drum up business would be to create a flyer, and have flyers spread across the parking lot of these large organizations that hoard inside sales reps, who are successful enough to be out on their own. The organization hides the outside agent info from their employees, in hopes to keep them on board.Are there any laws about targeting a specific company with flyers, in hopes to steer their employees away from said company? I would not be recruiting them to come work for me. Just encouraging them to go out on their own, and call me for the guidance they need to do so. Would this be illegal in any way? Could these companies sue me for targeting their employees?Please let me know your thoughts! I look forward to speaking. Thank you!
My question is concerning an employee physician of a clinic.
my question is concerning an employee physician of a clinic. the employee was with the clinic for over 10 years.JA: What state are you in? It matters because laws vary by location.Customer: floridaJA: Has anything been filed or reported?Customer: the employee decided to accept a position with another clinic within a few miles away. there is no non compete agreement in force. the employee has accepted many patients as friends on her facebook account..most of whom she initially came into contact with as patients of the clinic.JA: Anything else you want the lawyer to know before I connect you?Customer: are there any legal grounds to have her remove all clinic patients from her facebook account and to refrain from contacting them?
I have received a response from another lawyer on this site
I have received a response from another lawyer on this site and believe his advice, but am looking for a second opinion for more peace of mind.I work in a specialty healthcare and plan to move on to a trauma/burn center inpatient hospital. These are not direct competitors of my current employer as they offer different services. My question is how far noncompete agreement reaches. Since I signed a noncompete from my current employer, I imagine this could keep me from a competitors practice, but they cannot limit me to all healthcare correct? Will give more details once contacted. State of NevadaThank you
I am a psychologist who wants to get out of part of my
Hi, I am a psychologist who wants to get out of part of my non-compete clause in my independent contractor agreement which says that I cannot work with within a 5 mile radius of the employer/owner's practice. I consulted an attorney who said the owner is unlikely to prevail and mentioned that if it came to him suing me, we could file a declarative judgment to have the agreement nullified or amended. I don't want to incur a lot of legal costs and feel like I could do this myself. Is there a standard form I need to submit to the Court to file a declarative judgment request?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: PennsylvaniaJA: Has anything been filed or reported?Customer: Not yet but the owner is threatening to sue if I move to the location I want which is 4.1 driving miles and 3.775 as the crow flies.JA: Anything else you want the lawyer to know before I connect you?Customer: The owner has no shortage of clients, has a huge wait list, has over 20 therapists working for him, and the 5 mile area he has in his contract covers most of the populated area of North Pittsburgh where I live. I have a son and can't be driving that far away to work.
I currently am a rep for an online boutique and am wanting
Hello, I currently am a rep for an online boutique and am wanting to branch off and do my own online boutique, selling my own clothing. However, in my contract with the people I am currently with, it states this: "Independent Rep shall not, subject to the terms and conditions of this agreement pertaining to survival or otherwise, solicit or employ or engage any of Shop Stevies clients, customers, vendors, suppliers, associates, or independent contractors for a period of no less than 3 years without written consent of Shop Stevie. " Does this mean that I am not allowed to sell my own clothes with my own business? Thanks for the help!
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.