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I quit this employer months ago, under diress of not enough

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money to make payroll. I...
I quit this employer months ago, under diress of not enough money to make payroll. I brought many clients with me to the new practice that I joined. When I lef many customers followed, unsolicitied, (they called me). The company I left had about 50 employees when I joined and was on a slow track to going out of business.
Submitted: 8 years ago.Category: Business Law
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7/4/2009
Business Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 119,541
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
-Could you explain your situation a little more?
-What is your question? Are they accusing you of breaching a non-solicitation/non-compete agreement?
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Customer reply replied 8 years ago

I do not have a non competition agreement. The old employer chose for me not to have one. All other empoyers (approx. 50) have a non-competition agreement.

 

I think he beleives we are gobbling up his customers, not the case however. The customers have my phone number and are calling me instead of them.

Business Lawyer: Law Educator, Esq., Attorney replied 8 years ago
So what are they suing you for? You have to give me some information to work with before I can help you.
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Customer reply replied 8 years ago

Sorry, I am not trying to be vague. I have not seen the actual document. It has been explained to me that there is an e-mail or a certified letter coming with this information.

 

I can get the actual document when it arrives and update you at that time?

Business Lawyer: Law Educator, Esq., Attorney replied 8 years ago
You can come back later when you know what you have and why you are being sued, but you cannot countersue them for expenses from the suit, you just ask in your answer for attorney's fees and costs of defending the suit.

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Customer reply replied 8 years ago
I understand, sorry for taking your time before I had all of the facts. Is it possible to continue with you once I have the necessary document in hand?
Business Lawyer: Law Educator, Esq., Attorney replied 8 years ago
You can continue with me by replying to this thread when you are ready.
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Customer reply replied 8 years ago

I have received the letter from lawyer today and the letter represents that I resigned without the consent of the board of managers and I have wrongfully dissociated according to the terms of the operating agreement.

 

I was in an exit meeting with the owner and the chief operations officer. They asked me to consider my exiting on the weekend, and stated that they would accept my decision as final after I considering.

 

The letter from their attorney asks that I compensate them for any revenue that they would have earned from my employment.

 

 

Business Lawyer: Law Educator, Esq., Attorney replied 8 years ago
You need to respond to the letter that you were asked to resign by the owner and COO and that you did what you were told and therefore you do not owe them anything and any revenue as they suggest. Now, you will need to likely get an attorney here to represent you, since they appear to be ready to want to do battle with you, but if you were asked to resign, then you did so at their request and thus the resignation was proper. They are proceeding on the premise that you left without proper notice, but when they asked you to resign, then it is on them.


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Law Educator, Esq.
Category: Business Law
Satisfied Customers: 119,541
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Customer reply replied 8 years ago

I think I understand thanks, XXXXX XXXXX they did not let me go. They asked me to reconsider staying employed and to think about it over the weekend. They did state that they would accept my decision when we met again.

 

I do have a sub-contractors agreement that their operations officer signed following my exit interview on Monday. I assumed that was enough.

Business Lawyer: Law Educator, Esq., Attorney replied 8 years ago
You will need to review what your initial agreement states about terminating your employment on the grounds that you did and you are going to end up having to sit with an attorney to discuss your ways out of the agreement if it specifies you needed to go before the board to resign.
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