Can a 1099 contractor/consultant contact clients of a former employer after being terminated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a 1099 contractor/consultant contact clients of a former employer after being terminated?
I terminated a contractor on 08/03. On 08/04, she contacted some clients – some by email and some by phone. She claimed I had mistreated her, and either asked them to request a refund or said she would ask me to give refunds. She also said that we had “falsified” our service offerings. The problem is: all I have is an email from the contractor, stating she dd this. I don’t have any evidence from any clients stating she did this, save one client who did say the ex-contractor did contact her by phone. But all he says is she quit due to irreconcilable differences and that she’d ask me to refund.
Asked on August 12, 2010 under Employment Labor Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You may have what is known in some states as tortious interference with business claim against the ex-1099 employee. The factors that make up the legal cause of action vary from state to state and are obviously situation specific. Also the damages necessary to have resulted from her actions may indeed be a necessary "factor" to bringing the claim. Damaging to your reputation, though is definitely a concern here. I would speak with an attorney in your are a and start with bringing a Temporary Injunction against her to prohibit her from talking or contacting your clients in any way. Where you go from there is up to you and your lawyer. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.