Non-compete clause

The point is that it never would have got that far. Calling the company's bluff would have forced them to build their case which means contacting the clients who lapsed. And that would have been the last time you heard from them.

My attitude would have been "you want to sue me? Fine - I'm not spending a cent or showing up for a single deposition. Get a trial date, get your proof that I contacted the clients and I'll see you there."
 
indaville said:
I think if the client contacts you and wants you to help them then you can work with them and you are not violating the non-compete.

I think you're right. I have a co-worker who left her job with Farmers Insurance and took a good chunk of her clients with her. Farmers couldn't do anything about it because once her clients found out she was no longer with Farmers they contacted her and switched because they wanted her service no matter where she went!

If she had contacted them then that would been a whole different ballgame.
 
Actually, it doesn't matter who initiates the contact. Most non-competes are rather broad and the burden is on you to prove you did not violate the terms. The company suing you doesn't have to prove anything until it actually goes to trial. By then you have been put through the ringer and spent thousands defending your position. The discovery process of a suit is designed to put you back on your heels and requires you to defend yourself or else capitulate to a summary judgment.
 
somarco said:
Actually, it doesn't matter who initiates the contact. Most non-competes are rather broad and the burden is on you to prove you did not violate the terms. The company suing you doesn't have to prove anything until it actually goes to trial. By then you have been put through the ringer and spent thousands defending your position. The discovery process of a suit is designed to put you back on your heels and requires you to defend yourself or else capitulate to a summary judgment.


Good reason to be independant with 100% vested renewals!!

Matt
 
Seek real legal advice.


Find experienced counsel in the field and pay for a couple hours of his/her time.

Trust me "F" off letters do not work against insurance companies.
 
MIBizInsurance said:
.....Trust me "F" off letters do not work against insurance companies...

Agreed... respond to someone threatening legal action against you with on-staff attorneys and BILLIONS in reserves by telling them to take a sneak? Get real.
 
The large organization? Leave before it's too late!!!?

I'm new but I've already started out strong because of my relationships with CPA's and all that good stuff. I'm with the large, GO Centric, mutual company - ahem I'm sure you all know who that is.

It seems already that I should be dragging all my relationships to an indie situation. I'm 53 and the "new org" ( that awta give this away) training is tedious, intrusive and redundant. The bonus structure barely makes up for the loss of 1099 filing. The support? Well I'm learning more here than at the GO. If I hear one more salaried moron talk about 20 appts a week I'll puke.

But back to the issues that I've just read. What's the plus of this large organization.

Thanks :?:
 
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