Legal Question in Employment Law in Florida

Independent Contractor Agreement When Business closes

I worked as an independent contractor in sales for 7 years

signing up customers for product sales for a company. Then

one day the owner said he was no longer going to provide

products to service these customers and if I wanted to to

go ahead and set up a company and continue providing products to those customers and others but that he was no

longer going to do that. There were two witnesses to these statements. I set up a company and began buying

product to service customers. Now after 3 months I get a

call from him wanting a percentage of sales I am making since he claims the customers were his.

Is the Independent Contractor agreement null and void when

the business ceases to provide services to the customers?


Asked on 12/14/02, 11:47 pm

2 Answers from Attorneys
Keith Stern Shavitz Law Group

Re: Independent Contractor Agreement When Business closes

The answer to your question depends upon the language of the Agreement and not necessarily the attendant circumstances. Without reviewing the Agreement itself, I unfortunately cannot provide you with an accurate answer. For further assistance, please contact me at (305) 810-2887.

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Answered on 12/16/02, 9:34 am
George Savage George S. Savage, P.A.

Re: Independent Contractor Agreement When Business closes

I am not sure from the facts stated that there is an agreement between you and the former company, especially one that encompasses the later facts about competing with his customers. If there is not written agreement and you acted based on his representations that he no longer was going to service these customers and you could go forward (without any understanding of him receiving monies), then he cannot defend himself. However, maybe you just call him and have an agreement (even a letter that he signs and you sign) that he gets something small - like 5%.

Good luck.

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Answered on 12/16/02, 10:30 am


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