indepedent contract law vs employee and NON compete

[indygram]

ohio- this is going to be long but I am in desperate need. I contracted with a company over 3 years ago. Each year I signed an indepedent contract agreement. In feb 2000, I also signed a non compete. I left the company one month ago. I have started my own business. Contractors, old and new, have contacted me concerning working with me as opposed to the other company. I have yet to contract anyone of their current contractors, but, have contracted their old contractors that left the company. Recently, I received a letter from the companies attorneys claiming that I was in breach of their contract for reasons that I was well aware of. They never said what I did. According to the non compete clause, this is what it says: (abdirectoy or indirectly, entice persuae, induce, contact or otherwise discuss with any person who is or was a CLIENT of said company and for whom the receiving party worked on a project for and thru said company hereunder, to terminate, reduce or refrain from renewing or extending its contracual or other relationship with said company.) According to the above, I cannot try to go after their clients, not their contractors. Right? Now, 2nd dilema, according to my attorney in WI, he said that the company has been acting as an employer. We were indepedent contracts. Mandatory training. Mandatory online meetings. Also, this statement was part of the contract: (Termination - In addition if the contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the Company, etc) Anyhow, he stated that the above statement implies that the contractors are receiving directives and policies which only an employer to an employee may do. Now, I need to know, what should my next step be? They are telling me that if I dont sign an statement admitting guilt and to refrain from whatever it is that I am doing, they are going to file an injunction on me. HELP. I had 7 days to respond. Today is day 7. I thought my WI attorney could help me but he said I have to deal with an OHIO attorney. Im flat broke after leaving my position with this company and cannot move forward on my own business till this is cleared up. Also, my attorney said the letter was a scare letter and appeared to be written by someone that wanted to become a lawyer and failed miserably.

 

[loku]

Clients or contractors

I agree with you that you are barred from their clients for whom you worked, but that unless their contractors are clients, the clause does not prohibit you from working with them. If the attorney was right and you were actually an employee, then you may actually owe them a duty not to take their contractors. However, it would not be in the company's interest to claim you were an employee, so I wouldn't worry about that end of it.