I was doing contract work for a company for many years and their lawyer sent me a letter on Monday to terminate my

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Customer: I was doing contract work for a company for many years and their lawyer sent me a letter on Monday to terminate my service for stealing one of their customers. I have no contract with this company verbal or written saying that I can not have my own customers. This customer contacted me to retain my service. My main problem is I want to call customers but they are saying in the letter that I can not call their customers. I am in a industry that has specific customers and they have 95% of the business out there. My question is can I contact their customers since they terminated my service and I had no contact with them?
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: They found out I had a customer that belonged to them and got mad
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: I was not an employee of theirs I was a contractor
JA: Where are you located? Workplace termination laws vary by state.
Customer: At the canadian location they have 15 employees I am in alberta
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so
Answered by Debra in 13 hours 2 years ago
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Debra
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Debra
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Debra
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172410 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Customer
Ok thank you
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Debra, Expert

I am sorry to hear of this difficult situation.

What province are you in please?

Are you saying that you did not solicit this customer and you are not prohibited from competing with them as nothing to that effect was every signed by you?

Customer
I'm in Alberta. That is correct. They contacted me.
No there is nothing signed at all
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Debra, Expert

You do not have to listen to to this company and do what they say. They can terminate your service with them without a doubt but they cannot restrict you from competing.

They can restrict you from soliciting or from using confidential information you obtained during the course of your working with them but in this case that isn't what happened. You did not solicit at all and so there is nothing wrong with you working with this customer.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
That's what I thought. So now can I contact customers that our currently theirs? Since I am no longer doing any work from they since they terminated my s
Customer
ervices?
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Debra, Expert

No you cannot.

That is soliciting.

You are never permitted to solicit.

If they contact you it is fine but you cannot contact them. You could be sued successfully.

Customer
Even though there is no contract and I don't work for them? I was an independent contractor
Customer
If I can't contact customers that our currently theirs then I don't have anyone to call as they have most of the customers in my industry across Canada
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Debra, Expert

Even though you were an independent contractor you cannot solicit their customers.

The customers can come to you so perhaps you can advertise and let the one customer they already came to you know they should pass your information on.

Customer
I can't email, call or even do a mail out to these customers?
Customer
I don't understand why when there was no contract
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Debra, Expert

There is a number of ways the laws work in Canada. One of them is through legislation. Another is through contracts. Another is through common law. Common law is judge made law. It is how laws evolve when people sue.

Over the years the common law has created rules and one of them is that no one cannot unfairly compete and when someone solicit customers that they know about because they got to know about them through working for or with someone else that is said to be unfair competition. It would be similar to taking a mailing list and contact list from them.

So directly trying to entice their customers away from them after working for them is not going to work. You will be sued by them and it could be catastrophic.

Customer
This is devastating news. I'm not sure how I am going to get these clients now
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Debra, Expert

You can advertise or word of mouth but you cannot solicit them.

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Debra, Expert

Is there anything more I can help you with at this point in time?

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