Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 1 month ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 20 hours by:
3/22/2018
Business Lawyer: Attorney Wendy, Attorney replied 1 month ago
Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 536
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.

Ask Your Own Business Law Question
Was this answer helpful?
Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 536
536 Satisfied Customers
Experience: Member at Keefer & Keefer LLC

Attorney Wendy is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
We're starting a new business. We have the business license
We're starting a new business. We have the business license and LLC. We're trying to use 1 business names with two different spellings, so someone cannot come along and take something similar. Would i… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,170 satisfied customers
If a contract between a buyer and a supplier existing and
If a contract between a buyer and a supplier existing and there is a thorough Assignment section of the contract but the supplier is acquired by a competitor of the buyer, could a case be made that an… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
We have a business where my husband signed a contract
We have a business where my husband signed a contract selling 60% of it. In this contract states that My husband - The assignor - has developed and possess trade secrets and confidential information (… read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
A business cannot sue another business if the amount of the
A business cannot sue another business if the amount of the suit is over $5K. But, can a business owner represent against a suit if a suit is filed against the business. Basically, if I own my busines… read more
Attorney Wendy
Attorney Wendy
Attorney
536 satisfied customers
I own a business. When I do a search online for my business,
I own a business. When I do a search online for my business, information pops up about us, but also shows a listing for mapquest with a really low star rating. When I click on the reviews to read them… read more
Attorney Wendy
Attorney Wendy
Attorney
536 satisfied customers
If a business owner has two businesses: business A and
If a business owner has two businesses: business A and business B. He is trying to take some profit from A to: ***** ***** B as well as paying some personal purchase. What this business owner should d… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
A partner and I started a business in 2014, but the business
A partner and I started a business in 2014, but the business never started up. We have no revenues or expenses we want to claim. We never filled 1065's but have a Tax ID, and a Business Certificate fo… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
Does an LLC business pay the new business tax rates? If not
Does an LLC business pay the new business tax rates? If not what business types could I form to pay the new rates and not my personal tax rate? How is the 20% deduction calculated?… read more
Attorney Wendy
Attorney Wendy
Attorney
536 satisfied customers
Is it possible to sue someone for manipulation in business?
HelloIs it possible to sue someone for manipulation in business? I had a contract with a marketing firm that kept telling me orders were coming in, articles were being written, etc..so that I would ke… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I entered into a contract with a business to act as a
Hello. I entered into a contract with a business to act as a fiduciary, PR and marketing for my start up. From the beginning, the woman said she would spend money as if it were her own, and she would … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I have a small business I have two contracts in a mine two
I have a small business I have two contracts in a mine two different planners asked me to do work I was told by several mine employees that one was the priority so I did that work the other planner go… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,052 satisfied customers
I have a business contract case.The company closed years
I have a business contract case.The company closed years back, but since I was a personal guarantor there was a suit against me. The lawyer asked for discovery and I did not comply, and now the hearin… read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
Regarding terminating a business contract with a billing
Regarding terminating a business contract with a billing company that processes our billing. Both I and my partner signed contract as required by our Operating Agreement for the business . The billing… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I'm starting a general contracting business in Chicago. I'm
Hello. I'm starting a general contracting business in Chicago. I'm considering forming an LLC as a holding company for future DBAs for each part of the business, including construction, cleaning/maint… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,170 satisfied customers
I would like to write up a business sale contract of some
I would like to write up a business sale contract of some parts I sold to be paid in 2 years. Do you offer such custom contract?… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
I have an investment contract with a local business. I was
I have an investment contract with a local business. I was suppose to get 30% of profits monthly. They have defaulted on the agreement. What can I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,170 satisfied customers
Question about business/contract law breach of contract and
question about business/contract law breach of contract and file a complaint I like to consult with an attorney preferably from ILLINOIS… read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
Is a contract from a business that can not be found in the
Is a contract from a business that can not be found in the database of the Secretary of Texas (we think it's a fake company) valid and enforceable? … read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x