Odd Contracting Question

[alohakevin]

This is a civil matter. Let them spend their money other than holding contracts with carriers what do they have to gain. Its a smoke screen and most jurisdictions will see it for what it is. You cannot stop someone from seeking gainful employment.

 

[alohakevin]

4 Reasons Why Your Non-Compete Agreement Probably Isn’t Valid

 

[somarco]

This is a civil matter. Let them spend their money other than holding contracts with carriers what do they have to gain. Its a smoke screen and most jurisdictions will see it for what it is. You cannot stop someone from seeking gainful employment.

Have you ever been sued in an attempt to enforce a contract?

 

[fed up]

Have you ever been sued in an attempt to enforce a contract?

Yes I have. My attorney advised to write the date of the cease and desist, and not to contact any business that the old employer dealt with. At the end of the time period spelled out in the letter the attorney ch eff cked to see if we were good with the court. I turned on the afterburner and out the business out of business in 12 months. I took business off their parking lot. I put a greeting card in their mailbox and told the owner that he did not fully comprehend what he fired up when he served me with the paperwork via sheriff's deputy.

 

[somarco]

Yes I have. My attorney advised to write the date of the cease and desist, and not to contact any business that the old employer dealt with. At the end of the time period spelled out in the letter the attorney ch eff cked to see if we were good with the court. I turned on the afterburner and out the business out of business in 12 months. I took business off their parking lot. I put a greeting card in their mailbox and told the owner that he did not fully comprehend what he fired up when he served me with the paperwork via sheriff's deputy.

I wasn't as lucky.

Did not get a C&D, only a lawsuit . . . 23 months after leaving the employer and 1 month before the NC would expire.

I did not take any clients during that time, but that did not stop a judge from signing the suit, allowing it to go forward. Their allegations were baseless. The suit gave me 30 days to respond before they would move for a $50,000 summary judgement.

I had no choice but to defend.

Hired two attorneys. One in Georgia where I lived, the other in Indy where the company was based.

The legal battle lasted almost a year and cost me $20,000. They finally gave up and dropped the suit with prejudice.

During that 3 year period, 2 yr NC and 1 yr fighting their attorney, they lost over $2 million in gross revenue. That was just my block of business they ran off.

By the time they dropped the suit I had replaced my lost income and then some.

They knew the suit was bogus. They just wanted to put me out of business, but I survived. They didn't.