I never signed a non compete agreement at a tax office. I opened my own office - can I solicit previous clients?

Business 5 views 4 answers
The tax biz was bought out of BK proceedings and I was hired by the buyer to work at the tax office. I did tax prep and representation there. I also paid desk rent to solicit clients for insurance sales (my license they are not licensed). The person who bought the tax company sold it back to the original owner and loaned him the money to buy it. I am being told by the old owner I cant solicit the clients from the tax office - even though I paid for the client base I have (I am not mailing all the tax office clients - just mine I acquired there) and he no longer owns it (he did loan money to old owner). I opened my own tax and accounting and insurance firm and I believe I can contact clients I paid for. My office is 13.8 miles away from his so some may or may not come see me for my services.

Attorney Answers

4
Brice Mclane BratcherContracts / Agreements LawyerRaleigh, NC ·
NC requires that a non-compete be signed to be enforceable. Further, non-compete agreements are viewed with scrutiny in NC courts, so even if there was a signed agreement it would need to clear a number of other hurdles to be enforceable. The other issues you described could also help in preventing enforcement of the alleged non-compete agreement. Based on this limited information, it does not appear that you are restricted from contacting any clients of your old employer. This advice is limited in nature, and best course would be to get some personal legal advice, but it appears you are on good standing, and your employer is not.
0 upvotes
Kaye Willi ·
This is really not a tax question, although it involves a tax preparation business. I am changing the category of your question to "Contracts and Agreements" so that you will get more helpful responses.
0 upvotes
Charlotte Erdmann ·
You should consult with an attorney in your state. If you didn't sign a non-compete, than you are probably fine but state laws regarding this area can be different from other states and complex.
0 upvotes
Andrea Morelos ·
I agree with all my colleagues here. And it sounds like the opposing party here is trying to put the pressure on and otherwise take advantage, threatening you as if you are clearly in the wrong....with presumably no written or legal basis here! Tell them to basically Knock it off. Seems as if they would never take it to the level of sending you a demand letter or lawsuit if nothing was signed. But certainly if they do, consult with an attorney to respond.
0 upvotes

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