Legal Question in Business Law in California

"if i am working as a independent bartender/server for a catering company and a client wants to hire me instead of going through the catering company, can i be sued for starting my own business and taking their clients who would rather do business with me in california"!


Asked on 2/02/12, 3:20 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

That depends. What does your contract with the catering company say?

Read more
Answered on 2/02/12, 3:28 pm
Robert Worth Robert J. Worth , Professional Law Corporation

It is possible. It is called interference with contractual relations if the caterer finds out. Hope this helps. R. WORTH

Read more
Answered on 2/02/12, 4:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

California law is quite favorable towards job mobility, entrepreneurship and picking up on opportunities.

For example, Business and Professions Code section 16600 says, "......every contract by which anyone is restrained from engaging in a lawful profession, trade or business of any kind is to that extent void."

I couldn't guarantee you that your employer would come after you with a lawsuit if you accepted an opportunity to contract as an independent person. However, I would also say that it is somewhat unlikely the caterer would sue you, even if it knew all the facts; and it is even less likely that it would win the lawsuit.

I would be less disposed to suggest that you take such independent jobs if you were actively soliciting them while on the job for the caterer, or if you were secretly using the boss's Rolodex and calling his clients. As much as California loves entrepreneurs, it hates people who steal trade secrets like customer or prospective customer phone numbers.

Read more
Answered on 2/02/12, 6:42 pm


Related Questions & Answers

More Business Law questions and answers in California