Legal Question in Business Law in Florida

Previous employers unhappy clients

Back history:

I currently perform services as an independent contractor for my ex-employer with two of his clients, hold a full time job with a different company, and I also operate my own consulting company. My ex-employer�s business has been slowly deteriorating since another employee and I left.

Question:

Based on his business financially, his actions towards these clients, and also my unwillingness to go along with his charades. I�m interested in 100% ownership of one of these clients that I currently manage on behalf of my ex-employer. The client in question has nothing more than a �Good Faith� service agreement in place.

No, I haven�t asked since just mentioning my interest in a business agreement like this would set off a volley of negative responses including terminating me from these projects, holding back owed services to me and in the end the client would suffer from a disruption in service.

So what steps could I or maybe what steps could this client take to acquire my services and removing my ex-employer from the picture? (i.e. Client notifies ex-employer in writing that they are terminating services then hire me directly.) What should I consider that I�m overlooking?

Thank you for your time.


Asked on 5/02/09, 3:12 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Previous employers unhappy clients

I don't know what a "good faith" service agreement is. If there is a contract, the client would need to terminbate the contract under the provisions that govern such actions. You do not indicate what contract you have with the ex-employer on whose behalf you are dealing with the client. Under some contracts you would be prohibited from further interaction with the client after termination. If there are no contractual prohibitions, you can have the client fiorst end the contract and then hire you. Sooner or later, the employer will know and you will be termnated from your other work from him.

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Answered on 5/03/09, 11:33 am


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