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[Advice] - Fired from previous job and Client is calling for help, what to do?

Discussion in 'BBS Hangout' started by Rock3t Man, Dec 14, 2009.

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  1. Rock3t Man

    Rock3t Man Member

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    I was fired from my previous job (Comcast for ease of explanation), why I was fired doesn't matter. What does matter is a client of my "Comcast" wants me to go to their office and help them with a small issue they are having. They clearly told me they do not want to deal with "Comcast" anymore because they are getting screwed over in terms of incorrect billing(not surprised).

    The point is when I was let go, I was told that I could not deal with any of their clients for a period of 2 years from my date of termination. So I was called by this client this morning, and I explained to them the legal issue of me not being able to work with any of "Comcast" clients. The Office Manager explained to me that she will not say anything and she is willing to allow me to come into the office after hours.

    I am supposed to meet with them tomorrow after 7pm to discuss how we will negotiate pricing and payment methods. I am strictly doing this for enough money to pay for books and gas, them on the other hand will declare these payments to the IRS, which means I need to be legit, I assume.

    My questions are as follow: Am I legally able to work with a client if they contact me and I have explained to them the situation, what are the consequences, and also will I have to start a business and claim taxes on the work I provide? Do I need to get any documents notarized claiming I have explained the legal matters and have them sign? (I know this seems a bit extreme but I don't want to get into any issues.)
     
    #1 Rock3t Man, Dec 14, 2009
  2. huypham

    huypham Member

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    you're in over your head.

    (1) you have signed a non-compete with Comcast that you would be violating (although 2 years seems really long).

    (2) you would have to set yourself up as a private contractor, and claim the income on your taxes as such. this isn't a big deal, just more paper work.

    getting the company to sign some document won't get you out of legal trouble. they might decide to indemnify (insure) you, but i highly doubt they would go to that trouble.

    comcast might not go after you, but not worth the trouble in my mind.
     
    #2 huypham, Dec 14, 2009
    1 person likes this.
  3. candlegreen

    candlegreen Member

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    I'd probably stay away....
     
    #3 candlegreen, Dec 14, 2009
  4. Bandwagoner

    Bandwagoner Member

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    Did you really sugn a non-compete or did they just tell you that?


    If it is not in writing then who cares?
     
    #4 Bandwagoner, Dec 14, 2009
  5. Invisible Fan

    Invisible Fan Member

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    Check all the forms you signed with the company. If you didn't keep those forms, uhhh you might not be cut out for this shadiness.
     
    #5 Invisible Fan, Dec 14, 2009
  6. Fyreball

    Fyreball Member

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    It seems like there are far too many questions you have, and legal issues are not something I would want to mess with....especially when the risk of a lawsuit are involved. My gut reaction tells me if you physically never signed a non-compete, then I wouldn't worry....but the non-compete clause might have been buried in the initial offer you signed when you were hired by Comcast.
     
    #6 Fyreball, Dec 14, 2009
  7. SwoLy-D

    SwoLy-D Member

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    You had to ask your ClutchBrothers... because you know it's wrong... but you still want to do it "just for the money"...? :( That's not good, yo.

    Could you call ComCast (or maybe have someone else call them) and see if they have this posted somewhere on their site?

    WOULD NOT HIT. :eek:
     
    #7 SwoLy-D, Dec 14, 2009
  8. Rock3t Man

    Rock3t Man Member

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    Yes I signed a non-compete form, at the time of my termination I just wanted to get the hell out of there and I didn't get copies of crap. By the way the company isnt as big as comcast, it is much smaller and kind of thrive off of clients like this one, but unfortunately for them this client no longer wants to deal with "comcast"

    Am I clear? I have a meeting with them tomorrow what should I say do I need to make it 100 percent clear that I do not have an established business and this is side work?
     
    #8 Rock3t Man, Dec 14, 2009
  9. Air Langhi

    Air Langhi Contributing Member

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    If they fired you then I am sure you can take the non copete to court and win.
     
    #9 Air Langhi, Dec 14, 2009
  10. Smokey

    Smokey Member

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    It sounds like he signed the non-compete in lieu of possible criminal charges being pursued by Comcast.
     
    #10 Smokey, Dec 14, 2009
  11. across110thstreet

    across110thstreet Member

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    maybe why you were fired does matter...
     
    #11 across110thstreet, Dec 14, 2009
  12. Landlord Landry

    Landlord Landry Member

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    a lil birdie once told me that a no-compete in Texas is as valid as a bag of peanuts in court.
     
    #12 Landlord Landry, Dec 14, 2009
  13. Yonkers

    Yonkers Member

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    ^This.

    You're probably going to make at most a few thousands dollars off of this client. Believe me, Comcast is not going to spend that amount on lawyers to try to get it back from you.
     
    #13 Yonkers, Dec 14, 2009
  14. WoodlandsBoy

    WoodlandsBoy Member

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    I think in this case the non compete is not very important.

    It depends on how much money you make. A non complete must be enforced through the courts and the amount of damage is determined. I don't think doing a side job will be high enough damage for them to go to court over it even if they find out.

    If they find out all they will do is send you a letter so don't worry about it.

    If you do it repeatedly and it costs them alot of money then they will go to court to protect their clients from a previous employee.
     
    #14 WoodlandsBoy, Dec 14, 2009
  15. DaDakota

    DaDakota Balance wins
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    You have a right to work, if they fired you, they can not keep you from their clients unless they are compensating you to do so....

    Feel free to go see the client......

    DD
     
    #15 DaDakota, Dec 14, 2009
  16. Hippieloser

    Hippieloser Member

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    If you need the money, do it. Comcast in all likelihood won't do a damn thing about it, especially right before Christmas when nobody wants to work hard. As long as you don't go down a list of their customers trying to poach them, it's not worth their hassle to care.
     
    #16 Hippieloser, Dec 14, 2009
  17. JuanValdez

    JuanValdez Member

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    Put a premium on your consulting rate to cover the risk you're taking.
     
    #17 JuanValdez, Dec 14, 2009
  18. Rock3t Man

    Rock3t Man Member

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    Does it make a difference if I was contacted by the client as opposed to me looking for the client?
     
    #18 Rock3t Man, Dec 14, 2009
  19. justtxyank

    justtxyank Member

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    The old "non-competes are worthless in Texas" line, eh?

    Normally non-competes are thrown in to just scare little people into not doing work. The only time you really need to fear your non-compete clause is when you are going to make substantial money off of the client. And by substantial I don't mean substantial to you, I mean substantial in the eyes of the firm you are taking the money from, and substantial as in a notable amount more than attorney fees to seek damages from you.

    But non-competes do hold up in Texas.
     
    #19 justtxyank, Dec 14, 2009
  20. SwoLy-D

    SwoLy-D Member

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    Hmmm... why is it that when <s>we hire</s> hookers are hired, <s>we're</s> the hiring party is taken to the slammer, not the hookers? :(

    Maybe that goes in the "WHY" thread. :grin:
     
    #20 SwoLy-D, Dec 14, 2009
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