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Hi all, I am a software developer. I developed a webpage for a client,
say ABC, Inc. I had a software development contract b/w my company and
ABC, Inc. I was to be paid in 3 different installments and any
additional work would be charged additionally. Anwway, the first
payment came in OK. Then he incorporated as another company, call it
XYZ Inc., and paid me the last couple of payments from there. Then
there was extra work to be done all related to the first contract, but
it was considered "extra" so I asked for more $. I should have gotten
additional contracts, but I didn't, since things were going well. He
just called and said, can you do these extra things for me? I did, and
he paid fine, out of XYZ Inc, the company I never had a contract with.
I guess I really didn't care since I was getting paid. In the end, he
wanted to make me sign a non-compete, a clause the original contract
did not have. I said that would be extra b/c now I have all this
expertise and I have to leave the field. He got upset and kicked me
off the project. I said fine, and went to work for a competitor. He is
now suing me personally and my company for breach of contract,
tortious interference, misappropriation of trade secrets, and the
kitchen sink . I never signed a non-compete, or a confidentiality so I
really don't know what the deal is. However, he is suing me out of
the SECOND company that I never had a contract with, not the first.
I had a SOLID contract with the first company, ABC Inc. I had an great
indemnification clause, he pays for all attorneys fees, no warranties,
etc. But he's suing me out of the SECOND company, XYZ Inc. which I
never had a contract with. Is this good or bad? It's the same owner.
This is costing me TONS of legal fees. I think that's why he's suing
me. I went to an attorney, he's an Intellectual Property guy who says
we should countersue in Federal court. He says that's the way to go,
more expensive, but it will make them have to defend themselves rather
then just being after me all the time. I have no idea what to do.
Can you guys provide any advice? Thanks,
Charles
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