Legal Question in Employment Law in New York
Independent Contractor and Consulting Agreement
Hello. I was recently terminated in my IC position. This is a long story but basics are, I worked for a company for over 2 years doing market research. Recently the owner died and his wife is not going to continue with the company. She told me I could count on maybe 2 months of work. Then she would be selling.
In the interest of keeping money in to care for my family I put up a website and started a business doing market research in a state that this company does not have business in. However the husband was going to start there but then died before he could. The wife is planning on selling the business and asked me to put together a report on how to do these reports.
Basically it comes down to this..she is selling, not doing this new report. I am out of a job or close to it. Then she discovered I put up a website(and am no where near putting out a report, but she thinks i am). She terminated my contract and had her brother in law who is an attorney fax me a cease and desist order.
Can I do this work or will I have to stop. I am not intentionally trying to hurt this company or compete as she is selling anyway. Help? I am in NY, she is in MA
1 Answer from Attorneys
Re: Independent Contractor and Consulting Agreement
More information is needed, but initially I would be interested to know whether you had any type of written employment or independent contractor agreement. Generally, fair competition is encouraged and it sounds from your description that you should be able to pursue your own business in New York, unless you entered into an agreement restricting this type of work. Our firm handles commercial litigation and employment matters and I would be happy to speak with you further about your situation.
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