Legal Question in Civil Litigation in Alabama
Independent Contractor Rights
I am currently being sued by an ALA. based business (I live in GA.)for which I was hired as an Indep Contractor back in Oct 2002 to do work in this state. The work involved extensive marketing for which the company provided the materials,(flyers & neighborhood signs) and I provided the labor. After leads were generated,they were sent to me on a spreadsheet daily. I would follow up with call and an in-home sale for a specific service. I decided to leave the company about a year later and start a business doing the same thing. I called several other IC's that worked for them and they agreed to come work for me. We still had numerous leads when I left so I ran them under my new business. The company filed suit against all of us today (05/2005) claiming I owe them for the income generated while using their marketing materials. My question is, since we were all IC's with NO contracts of any kind written or implied, am I liable to this company.
Thanks in advance.
2 Answers from Attorneys
Re: Independent Contractor Rights
It is impossible to give you reliable advice in this type of forum. You should consult with a local attorney so that all the facts can be explored.
Re: Independent Contractor Rights
I would suggest seeing a lawyer right away, as this case will be dependent on the paperwork (if any), the customer lists, marketing materials, etc. It will be very fact oriented. To answer your question, whether you were an employee or IC, the law still protects the trade secrets and other property (incuding intangibles and "fruits of their labor" that arise from their efforts and investment) owned by the company. A lawyer with some experience in these areas should be able to help you.
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