cease and desist

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jennagain

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I was fired from a bookkeeping position in May of this year (no big loss) I was also in the process of starting my own business which I would hopefully be starting fully in 2008. Recently I received a letter from an attorney via usps (not certified) demanding that I cease and desist soliciting their clients and making defamitory statement againts their company or using there company name in any way. They demanded that I respond to this letter in writing to the former employer in writing withing 7 calander days (I received the letter after the 7 calander days) and that only after I respond, withing their stated time frame, they would decide what action they would take against me. Here's the thing, their accusations are unfounded. I have had contact with only one client of theirs who happens to work on my car, he asked why I know longer worked there and I simply told him "creative differences". He told me that he was unhappy with their services and asked if I was doing bookkkeeping, I told him I was, he could call me (he already had my home number from auto service,) I told him I was not soliciting their client but if there was anything that I could help him with just give me a call and gave him my business card. He proceeded to tell me that he could get me the bookkeeping business of all the shops in that plaza. Over the holiday's I dropped off some candies with a service flier (I provide services other than just bookkeeping and payroll like the other company) and a form I was hoping the owner could sign for me simply stating that I had done bookkeeping for him for the past year and a half since I was trying to get my certification and my previous employer refused to sign a verification for me. Now, after that long winded statement a) do I need to respond in such a rapid manner since there was no evidence of delivery b) do they have a leg to stand on. HELP
 
I don't remember signing one when I was hired and I asked the other ladies in the office and they don't remember signing one when hired and I didn't sign one when I was fired. If I did shouldn't they say "hey you sign a non compete"?
 
If you did not sign a non-compete, they are blowing smoke. Just be careful about soliciting for business for which you are not certified. This does not mean they cannot sue you and cost you a lot of money to defend. A fairly safe course would be to not do any work for any of your previous clients for at least a year.
 
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