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was independant contractor - company wants my client list- who gets it?

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mablesyrup

Junior Member
What is the name of your state (only U.S. law)? Michigan.

I'll try to make this brief- but with as much detail as you may need.

For over a year I worked as an independant contractor for a company doing in home parties and selling products. Over the course of this time- I used my own time/money/marketing etc.. to attract a rather large client base, with which I now have a solid foundation/relationship with.

About 2 months ago- the company decided we needed to sign non-compete agreements. So I did. The agreement just says they they will give me x, y, z and that I cannot start or work for a company that's their direct competition for 18 months after termination of my contract with them. (they don't give an area or distance i would have to operate from- but that's a whole nother story!) So I took this agreement to my lawyer- because things had quickly gone downhill with the company- and I felt they were treating me as an employee and that I didn't have any freedoms as an independant consultant. Upon review (his area of expertise is in business and contract laws...) he felt it was best for me to just send them a letter stating I was terminating my non-compete agreement and would no longer be working under them and to spell out the reasons why. So I did- among other things- they didn't give me things the agreement said i was supposed to get (training manuals etc... I was never given wholesaler or supplier lists or pricing lists or customer lists etc...) There were tons of other issues that basically made the non-compete agreement a joke- but I don't need to get into that here. Let's just say- it's very obvious they have NO IDEA what they are doing.

So Anyways, last week a received a letter from their lawyer stating that I needed to give them my client list and that they hope i would honor the non-compete agreement (by the wording they used- i knew the lawyer hadn't written the agreement and that he knows they dont have a leg to stand on with it). So anyways- two questions here.

1. They are claiming I need to give them my customer list (which I built MYSELF). They are claiming they are the companies. (my lawyer said in my first meeting with him- this is not true- that the clients are mine- since the company didn't directly provide them to me)

2. I purchased my inventory from the company. They are claiming in the letter that I need to sell them back to the company.
a. I don't mind selling them back.. but just want to know do I have to?
b. I purchased them 'wholesale' from them and the products aren't exclusing to the company- anyone could go on google and find the wholesalers they are buying them from.

so technically do I need to sell them back to the company or legally, could I keep them? (I would rather sell them back, but just want to know!)

thanks so much in advance! I'm really in a pinch right now and just cannot afford to pay my lawyer anything else right now and I need to get a response back asap.. and I"m having NO LUCK finding anything about this through google.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 



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