I am being subcontracted from my old boss, and he is refusing to pay me until his customers pay him. (Please read I need advice)

TPendagast

LawnSite Fanatic
Is that longer or shorter than “awhile”?
I don’t recall

do you recall something exactly that happened 20 years ago
Sever the existing relationship first
Then you can solicit clients like normal
I’d say the following year
It would be hard for them to prove you targeted specifically their customers vs you’re a competitor that simply attracted customers through a non deceptive means.
 
OP
J

JackJohnson2323

LawnSite Member
let's stick to the discussion and refrain from attacking one another...also, anything political needs to be discussed in the politics forum, NOT in other threads and forums

thanks
I appreciate this response. I haven’t been checking but this has gone off the original post. The guy has been paying me like he promised and I have had no issues since then. I just didn’t want to have a legal issue with him. I trust him but was just taking some time. I now know, in the future, to have a signed contract. Anyways, this is just one season. If it doesn’t work out with him, there are a million other customers needing work done. Thank you all for the responses, and even the insults. I suppose everyone here started off as a complete professional and never made a mistake. Unfortunately I cannot ask a question without being eluded to being stupid. Thank you all for the genuine advice.
 

Lawnman13

LawnSite Member
Do not ever take jobs that don't pay....ask one more time, let him know how uncool not paying you is, and let it go. Move forward, keep mowing and forgive him. Let him know how he must be alot more worse off than you. Let him know you forgive him, but dissapointed in not paying you. Then go MOW!! Moving on will make you at peace....its dirty money at this point if it's bothering you enough to write in about it
 
Can’t contact them directly right now without tripping over unfair trade practices act
But if you weren’t doing them any more for a while

Can’t contact them directly right now without tripping over unfair trade practices act
But if you weren’t doing them any more for a while
Then it’s fair game
Solicitating customers is not an unfair trade practice. It would be in violation of a non-compete or a non solicitation agreement which would only be enforceable if it was limited in scope, specific to the circumstances, and was entered into by you in exchange for tangible compensation of some sort.

Also the act you mentioned is for insurance mainly I think.....
 

TPendagast

LawnSite Fanatic
Solicitating customers is not an unfair trade practice. It would be in violation of a non-compete or a non solicitation agreement which would only be enforceable if it was limited in scope, specific to the circumstances, and was entered into by you in exchange for tangible compensation of some sort.

Also the act you mentioned is for insurance mainly I think.....
Seeing as I literally sat in a deposition for hours yaking about this , I’m fairly certainly the lawyers, the arbitrator and all the other court officers involved know more than you about this topic and that’s what was being cited
Going after someone’s customers

it’s different if I go after your customers
I have no “knowledge” I couldn’t get otherwise

if you’re subbing or working as an employee you have knowledge that you could use unfairly that didn’t belong to you
Costs
Contract information
Something else who knows
That’s what the plantiff will allege
Then you have to spend money to defend
So it’s not worth it

I could sue you for having trucks the same color I do
Would I win ?
Unlikely
But you’d still have to defend

it’s not worth going after someone’s customers WHILE you have an exitisting business relationship

not enough profit to be worth the risk
 

bkeller500

LawnSite Member
Since he won't pay you until he gets paid......ask him if it's OK to go direct to the customer and ask for payment on the slow payers. He won't like it because he knows what will likely happen.
 

grass man 11

LawnSite Bronze Member
Just don’t service them. Let the customer call him. He will call you. It’s pretty simple. Don’t over think it.
 

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