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Injunction for violating non compete, non solicitation and non disclosure Florida

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  • Injunction for violating non compete, non solicitation and non disclosure Florida

    Hello Everyone,

    I am hoping to get some advice on what to do for a hearing that I am to attend in the next few days. Please read this and offer some suggestions as it will help put an end to a pair of con artists company.

    The plaintiff is a marketing company that formerly employed me as a project manager in July of 2011 and I signed an agreement with a non-compete, non-solicitation and a non-disclosure clause. I threatened to quit in November of 2012 because I noticed that the clients were cancelling at a rate that was very concerning and the data that I analyzed as a project manager suggested that they are doing something wrong and likely are going to be out of business. They offered to increase my salary substantially along with pay for other things like a down payment on a town home. They also offered to put me in charge of fixing the strategies and techniques so that we would be able to offer a good service which was the real reason why I took the offer. I was hoping to help fix the problem by identifying the problem at its core and fixing it. They emailed everything that they proposed to do for me so that I would stay and not quit (no contract was signed on this new agreement, I never replied to the email either I agreed verbally). I was told that my new title was "director of operations" but no contract was drawn up just a lousy email that explained what they were offering if I stayed. I was told that my new title was "director of operations" but no contract was drawn up just a lousy email that explained what they were offering if I stayed.

    The reason why I threatened to quit in November was because the company was not providing them a good service as was described in their sales process, the service is marketing, it is meant to be profitable. To sum it up, they offered SEO which is the process of optimizing your website for search engines so that people who are searching for your product or service can find you in the top of the results. The service they were providing did the opposite, it did nothing but upset Google and caused the websites to lose visibility and traffic which led to a decrease in online business. Furthermore, these clients were spending tens of thousands of dollars some even hundreds of thousands of dollars per year.

    About a week ago, they fired me and told me that I have been soliciting clients, defaming them and that I have wrongfully misappropriated information like access to clients websites and contact information to harm the company I worked for. I had full admin access to everything, clients even called me directly on my cell phone after hours when I was a project manager because I am a workaholic and I often worked late hours from home at night with clients from the west coast... It would be a problem if I didn't have this data as the director of operations and former Senior Project Manager. I went to collect my pay check after being fired about 2 days later and I was served a cease and desist letter that basically was asking me to reply by telling them everything that they thought I have done to hurt them and to stop anything that I am doing that is in violation of the agreement signed when I first was hired. I did not respond to the letter, I was told by my boss that I would receive my check that day and I did not.

    Their lawyer has written to me by email showing that they filed for a hearing coming up very soon. They have presented paper work and the only evidence that they really have on me is a text message from me that was sent the day I was fired to my boss saying "if you don't have my check ready on Friday, i will call everyone of your clients and tell them what kind of a scam your company really is". I know this probably was not smart of me to say but I knew he wouldn't pay me and I was really upset about the clients that I built a relationship and the fact that they were being scammed. They new that the service they offered was counter productive and that it had absolutely no value to the clients, they were sneaky salesmen/con artists. There are several complaints about them on the internet and some of the clients that I was work with even contacted me when they found out I quit and said they feel that they have been scammed. I have been reached by many clients and I don't know what my best course of action would be. I was served on the first and according to this email I received from my employers law firm, I had 20 days after the summon was served to provide a written response to the county clerk of courts. It as been 14 days and I have not responded yet, my hearing is in 2 days and I seeking as much advice as possible. I have third party tools that can analyze a website and with real numbers explain how the website has been performing in terms of advertising online through search engines by showing the traffic it received historically and what kind of work has been done on it. I sincerely feel that this company is a legitimate scam. Please help me ensure they don't win this hearing. I can send images of the employee agreement upon request.

    Thanks in advance everyone!
    Attached Files

  • #2
    Someone might come along with some suggestions for you but your best bet is to talk to an employment or contract attorney in your area. This is usually our suggestion when these types of clauses/agreements are involved.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      I agree with the previous poster that this isn't a do it yourself project. It needs an attorney.

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      • #4
        Agreed. Also in general, a NDA is much more likely to be found legal then a NCA. Both rules are very state specific, and NCAs tend to also be court decision specific.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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