For 2 years I worked for a paint company who offered in Home Color consultations for their paint. They did not offer design services. I do not recall signing anything stating I would not do design work on the side. I accepted a Decorating job from a customer. When things went south, she contacted my employer and demanded to be refunded. The checks she wrote were to me personally. The company I worked for had no business dealings with her other than her initial color consultation, which I actually referred her to because she contacted me on the personal side first. I was contacted by Loss Prevention yesterday and was told they were going to have to refund the client. I do not understand how if all business dealing were done through me. Wouldn’t this be a civil matter between me and the client? Why is the paint company dealing with her? I never represented myself as doing design under the paint companies name. I resigned from the paint company yesterday and loss prevention is still contacting me.
This is a complex fact-specific question. It is impossible to give you an accurate answer without conducting an interview and reviewing documents. However, the answer will depend on the contents of your employment contract and the dealings you had with the customer. It is inaccurate to say that there are no circumstances under which your employer could be on the hook for side business. As I said, it is a very fact-specific question.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline