Clients stolen!!! Very dramatic, read on..

[infocus]

What is the name of your state (only U.S. law)? CA

Most surprising development: I informed our clients that an independent contractor we were using was terminated, and a number of them forwarded me support emails from contractor for WORK HE WAS DOING ON THE SIDE outside of the company.

If I can get invoices from the clients that show he charged them money, can I take him to court? Is this not an open-and-shut case?

 

[pattytx]

What is the name of your state (only U.S. law)? CA

Most surprising development: I informed our clients that an independent contractor we were using was terminated, and a number of them forwarded me support emails from contractor for WORK HE WAS DOING ON THE SIDE outside of the company.

If I can get invoices from the clients that show he charged them money, can I take him to court? Is this not an open-and-shut case?

He's an independent contractor. Independent contractors are generally free to ply their services to whomever. What did the contract say?

And if you think that's dramatic, don't go into acting.

 

[ecmst12]

Don't start multiple threads about the same situation.

 

[infocus]

The contract says that he is not allowed to work for our clients. This is a new situation, albeit perhaps not dramatic for you, but for us, it is!

 

[pattytx]

Where was the other one?

So, see an attorney regarding breach of contract and see what your recourse is.

 

[infocus]

Very well. I will do just that. Thank you again for all your advice!

 

[Zigner]

Non-competes can be problematic in CA.

 

[pattytx]

Non-competes can be problematic in CA.

Especially for an independent contractor.

 

[infocus]

Wait, I have one more question. In another thread I was told that if a contractor gives me his last invoice, legally I do not have to pay (or I can adjust the amount) if I have a disagreement with it. Now, in light of the fact that I just got hard evidence of a breach of contract, that is, that he is and has been stealing our clients, I feel completely justified to not pay a cent of the final bill.

Is my thinking correct legally?

 

[pattytx]

OK, one more time.

I-T D-E-P-E-N-D-S O-N W-H-A-T T-H-E C-O-N-T-R-A-C-T S-A-Y-S.

(you don't know how hard it was to type that).

 

[infocus]

Ok ok! But the contract says nothing about me not having to pay the final invoice that a contractor gives me if I catch the contractor stealing our clients.

 

[Zigner]

You misunderstood the intent of your other thread.

You don't HAVE to pay an invoice. You can just wait until you are sued.

I seriously question the validity of your "non-compete" agreement.


You need to talk to an attorney. Without the FULL details, including access to ALL paperwork, there is no way anybody can help you.

 

[infocus]

Okay, got it, thanks. Consider thread closed.

 

[tranquility]

All the answers are in the contract. However, this is not a "non-compete" situation which was recently decided upon by the CA Supreme court. This is either a simple contract breach or an interference with business relations suit. (Which would be much harder.)

 

[Zigner]

All the answers are in the contract. However, this is not a "non-compete" situation which was recently decided upon by the CA Supreme court. This is either a simple contract breach or an interference with business relations suit. (Which would be much harder.)

I put the "non-compete" in the mix in case it's decided that the person doesn't actually meet the legal definition of an IC