Legal Question in Business Law in Texas

Independent Contractor Obligations

I joined a small graphic design firm in July. I was hired as an independent

contractor. I told the owner that I would not steal her clients. The owner also

stated that she had no problems with me working for clients outside the

business. Last week, one of her former clients approached me to inquire

about different graphic design companies in the area as they were tired of

dealing with my boss. At the end of the conversation she told me that she

was going to find another company anyway, so she wondered if I might be

interested in doing some work for her and her company. I told my boss about

our conversation and told her I would be happy to give her a percentage of

what I made since the company would not have known about me if I was not

working for my boss. I was not actively seeking out work. The business came

to me after becoming upset with my boss. I have never signed anything, but

my boss says that we I have a legal agreement with her not to steal her

clients. I am not actively trying to steal anyone, but I cannot stop them from

coming to me, and I would always pay a percentage to my boss for any clients

that were hers.


Asked on 10/13/04, 3:57 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Independent Contractor Obligations

You see the situation correctly. You are an independent contractor, and that means you can work for others as well. If you do not solicit their business from your "boss", you've satisfied the promise you made to your "boss". Former clients are fair game.

Your offer to give her a percentage is very generous, and certainly not a legal obligation.

Read more
Answered on 10/14/04, 10:30 am


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