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To my non compete question yesterday: I'm doing leg work for…

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A follow up to my...
A follow up to my non compete question yesterday: I'm doing leg work for a contractor of mine who is being intimidated by her old agency where she was also a contractor. She was unhappy with them and has an ongoing assignment with a customer that my co also serves. She found out she can do the same job with my agency so she left them. They're threatening her and accusing her of breakingcontract, "using confidential information for her own gain." Not really confidential.How can we fight back?
Submitted: 3 months ago.Category: Business Law
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Answered in 20 hours by:
3/22/2018
Business Lawyer: Attorney Wendy, Attorney replied 3 months ago
Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 1,154
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I cannot provide a truly thorough response without a copy of any non-compete or confidentiality agreement she may have signed with the prior company. That said, in Colorado non-compete agreements are generally not enforceable unless they relate to a sale of a business (the seller cannot sell his business to another person and then start up a competing business for an agreed upon length of time), management personnel (which I suspect the person you are referencing was not as contractors generally do not have management roles), or trade secrets. It is the trade secrets part that could be the only possible route for the other company to make a claim. It can become a little sticky as when trade secrets are at issue the company claiming their secrets are being misappropriated or misused can make a claim not only against their former employee/contractor but also against a future employer if the employer knew or reasonably should've known that trade secrets from the other company were being used or disclosed. One option, considering that, is to have your agency contact the other company with a statement that no confidential information has been obtained by, disclosed to, or otherwise used by you in any way. If you prefer not to get into the middle of it, she could write a letter informing them of the same and confirming that she took no trade secrets with her when she left. The one potential problem is the sharing of one client between these two businesses. If your new contractor is working for the same customer that she was working with at the prior company, they could claim that there would be no way for her to perform work for this customer without relying on information she learned about them while employed with the first agency. So, you may consider taking her off work for that customer and putting her to work for other customers.

If you want me to take a look at the actual contract for any more thoughts, I am happy to do that, just reply to this message with the contract or any other questions. I will be away from my computer for a bit and can answer any follow-up later this evening. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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