Former Independent Contractors Breach of Non-Solicitation Clause

Former Independent Contractors Breach of Non-Solicitation Clause

If someone owns a business or has employed independent contractors that have signed a contractual agreement, he or she is expecting these professionals to uphold the terms and conditions even if they resign or quit working for him or her. If the contract was drafted by a lawyer with enforceable clauses, these persons may be liable for damages or other remedies sought before a judge. It is crucial to have a lawyer present for these matters and assist in enforcing the clauses of the contract if there is a breach.

 This may mean an attempt at negotiating a resolution before the matter must go to court. Contractual obligations are often set in stone and enforceable in court if the employee or contractor violates these clauses. If the person takes clients away from the original company, this could lead to further action on the part of the original company or owner. If the economic and financial costs are enough, the independent contractor could be liable for serious monetary damages. However, it is important to seek the assistance and advice of a lawyer.

He or she may deem the case strong enough to pursue action. However, there usually needs to be sufficient evidence to proceed. Breach of Contract Even if only one portion of a contract is in breach, it is possible to seek legal remedies for these events. This means a legal professional may need to analyze the document to determine if the clause was broken by the employee or independent contractor. If this is the case, the company or owner may be capable of seeking damages or a remedy to the situation such as a return of clients, equipment or other concerns. Some of these matters may be cleared up through open communication before litigation. If this fails, negotiation may be the better route.

However, if no previous activity results in a resolution, it may be necessary to seek legal help through a lawsuit. In order to receive compensation for lost business, stolen revenue or contractual payment from clients, it is important to seek legal action against those that break non-solicitation or non-compete clauses in a contract. When a contractual agreement has been signed by those hired by the owner or management of a company, this obligates all parties to agree to the clauses contained within these files. Even if the employees do not like how the business is run, certain practices or stipulations, breach of a contract is usually serious.

This means pursuing compensation or a remedy through the courts. Why Litigate? The need to litigate is important for breach of contract and when employees ignore certain clauses in these documents. This sends a clear message to others that may have the same idea as previous employees, third-party vendors or independent contractors. This shows these persons that the owner or employer is serious about keeping clauses and obligations to those that have signed. This also explains to the involved parties that the document means something.

When business clients are stolen, employees are removed or various streams of income are harmed in this manner, legal recourse may be open for seeking a remedy. However, this often requires lengthy litigation. Without seeking legal action against the violators of the contract, there may be no remedy to the situation. However, if the judge deems the clauses enforceable, it may be possible to have compensation for the incident and a cease and desist of any other activity the perpetrators committed. A business lawyer should be consulted immediately to determine if there is enough evidence and various factors exist to pursue the issue.

Once the legal representative has taken the case, it may be possible to have clients restored where they once were, and other bonuses and agreements put in place. Legal Consultation in Contractual Breaches Because contracts exist in many business transactions and interactions, a lawyer is necessary to understand the legal language and specifics in these documents. Without a legal representative, it may be more difficult to understand if the clauses are clear and valid enough for enforceable action in the courtroom.