Q: being sued for breach of contract after quitting and being asked to come back but no contract signed again
Case Description
i was working as a contractor for an advertising agency (it was emphasized that i was a contractor and not and employee). after a few months of being unhappy i quit the agency - and the ceo and hr all approved it. after a few weeks they asked me to come back and help out - and i ended up staying around for about two months. i never signed a new contract after i quit and came back - but am now being told i’m being sued for breaking my contract (working with other clients aka “conflict of interest). wouldn’t i have needed to sign a new contract when coming back for there to be a breach?
A: It looks like they are suing under the non-competition clause in the original contract.
A: NIce try. However, if your employer does sue you--and any of the companies you are contracting with--the chances of you prevailing are not good. Why? Because it will be very easy to assert and prove that you intentionally quit and came back just so you could do what you are doing: Violating the non-compete clause. And even if that does not work the employer can still enforce it because it must contain a clause talking about the time it remains in force after you quit.
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