You're being sued by a cleaning company that you used to work for.
Oh, no. What do you do?
We're going to talk about that today.
Hi there. I'm Angela Brown and this is Ask A House Cleaner.
This is a show where you get to ask a house cleaning question
and I get to help you find an answer.
Now today's show is brought to us by MyCleaningConnection.com
which is a resource hub for a whole bunch
of house cleaning stuff.
It's everything from uniforms to blogs and podcasts and books that I recommend you read
and books on management and a whole bunch of things.
There are even some things in there on legal aspects of the cleaning business.
So you may want to head on over there, check out a couple of the books that are over there
before you go to court.
All right.
Onto today's question, which is from a house cleaner that asks this.
Speaker 2: Hi, Angela.
I'm being sued by a cleaning company that I used to work with, but the problem is he's
suing me for four customers and those customers, they canceled like about a year and a half ago.
One of those customers, I don't even know the name of and the other ones ... two of
those canceled about a year ago, and the other one while I was working with them, it got
removed from my schedule.
So he's suing me for no reason.
I don't have the customers and ... But since he's taking me to court, I'm getting notarized
letters from the customers.
I just wanted to know what other steps should I take?
Angela Brown: All right.
What happens when you're being sued by a previous owner?
There's a lot going on here that I do not know and from a quick question like this,
there's a lot I can read into it and I might be completely off base.
But if you're being sued by something that happened a year, a year and a half ago, it's
probably not going to hold any water.
Now I'm guessing that you're being sued because you spun out on your own and you started your
own house cleaning customers and it sounds like you kind of took some of those house
cleaners with you ... or some of those homeowners with you.
Now, if that's the case and you took some of those customers, that might be something
that you can work out outside of court.
The fact that you're already being subpoenaed to court and you are having letters that you
have to have notarized from customers, suggests that there's a case here, but the words that
you use to me were, "I'm getting sued for no reason."
So is it no reason or is there a valid reason?
I don't know, and so it's hard for me to answer this question.
Well, let's walk through a couple of the steps.
If you had customers that were removed from your schedule a year, a year and a half ago,
those were no longer your customers.
But those customers may still belong to the cleaning company that has hired you and I'm
guessing you no longer work for that cleaning company.
And if that's the case, it really is not appropriate for you to have them as a client if they were
clients of that cleaning company when you went out on your own because there's a noncompete
that goes on in just about any market that says, "I will not go back to any previous
customers that my cleaning company once cleaned for or that I cleaned for.", or whatever.
You got to sever those ties.
You can be friends with those people, be friends with them on Facebook, but you cannot clean
for them until your nondisclosure, your noncompete, your non whatever it is expires.
Okay?
And that's usually like three years.
So if this was a year, year and a half ago, you're probably still in breach of contract.
So I'm guessing that's what this is all about.
Now if that's the case, they do have a leg to stand on, meaning they do have a right to sue.
Now I don't know what they're going to sue you for.
They're going to sue you for stealing their customers and them losing the revenue.
If that's the case, how much revenue did they lose?
How much revenue did you make as a result of that?
If you have notarized letters from the clients, maybe that has some good standing.
I don't know.
What I do recommend doing is that you hire an attorney and you explain your story to
them because they're going to know the ins and outs and the loopholes.
It doesn't sound from what you're telling me that they really have a case, but maybe
they do.
Now, if you spun out on your own and you have your own house cleaning business, my question
to you is this, why did you take those four customers?
There are hundreds and thousands and millions of homes.
There are lots of customers everywhere and so to go back to customers that were once
clients of yours or that belonged to a cleaning company that you once worked for, that's really
a sticky scenario.
The fact that you ended up with those customers somehow, it's not cool at all.
That's just not cool.
So, I'm hoping that this is something you can resolve outside of court because that
would resolve a whole lot of expense and time cause you're going to have to take time off
cleaning to go to court and they're going to have to take time off cleaning to go to court.
And the fact that you're not speaking and I guess you're not speaking because they're
sending you notarized letters and subpoenas to court and things like that, is there any
reason you can't get on the telephone and call them and say, "Hey, can we have lunch
and try to work this out like ethical business people?"
And then find out where are you coming from, what's going on here, why are you suing me
for this.
"I misunderstood this or I didn't read this properly.
How can I make it right?
What can I do that resolves this between us so we don't have to tie up the court system
on this little issue."
We're talking about for clients.
This is not you stealing 30 of their clients, you stole four our clients.
So how can you work it out?
I would do it as easy and as quickly as possible and if that means you give them 10% or 15%.
If they were making 40% off you of every sale, maybe you give them 40% of every cleaning
for the next six months or something.
Find a place that's easy for both of you so you both can forgive each other and move on
because right now this is going to consume a lot of your energy and it's going to consume
a lot of theirs and there's going to be a lot of bad will in the process of this.
So again, I don't have all the facts.
I don't know exactly what happened here, but it kind of sounds like to me that you're in
breach of contract.
And so I would love to take your side and say, "Ah, it's nothing.
It will just go away."
But stuff like this rarely goes away and this is a really small community.
In fact, I'm finding that all the house cleaners are actually partnering together and they're
getting to know each other and they're making friends because we can offer support to each other.
Now if you do live in the area where these people are cleaning and they know you and
they once liked you and they once trusted you, they may be able to send extra business
your way or on days where they have cancellations and your available, they may be able to hire
you back as an independent contractor for the day.
So there are a lot of different things that could happen here, but my suggestion is resolve
this immediately, solve this as quickly and as peacefully as possible, and if you're in
the wrong, you're in the wrong.
That's going to take some responsibility.
Buck up, make the payments, ask for forgiveness and see if you can't solve this because this
is a really small industry and you don't want this hate and stuff going on.
It's just not healthy.
All right.
That's my two cents for today and until we meet again,
leave the world a cleaner place than when you found it.
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