Girlfriend Was Sent A Cease And Desist From A Former Employer For Treating A Client At A Retirement Community That Employer Has Contract With, Employer References Violations Of Parts Of Contract That Do Not Exist

Location: Georgia

My girlfriend is a massage therapist. She was sent an informal cease and desist (email was from the business owner and titled “Cease and Desist” but not on legal letterhead from an attorney) stating that she was violating her contract with the employer by seeing a patient. The employer has contracts with retirement communities for a massage therapy business, my girlfriend has always been listed in documentation and paid as a contractor. The business was messy and disorganized so two months ago she gave a notice of termination to the employer/business owner through email.

She developed relationships with some of the clients who have since booked her through her own business on her website, unaffiliated with the previous employer and has gone back to the retirement communities to treat these two patients.

The Cease and Desist specifically states: “As clearly stated in my previous email, your contract explicitly prohibits you from providing services to or entering senior living communities that are Company clients following your termination. Despite this clear directive, I have confirmed that you have continued to sign into and provide services at the following Company partner communities: x and y”

“This constitutes a direct breach of your non-compete/non-solicitation agreement and is causing immediate harm to Company's business relationships and reputation.

IMMEDIATE ACTION REQUIRED:
You must IMMEDIATELY cease all contact with and provision of services to any and all senior living communities that are or have been Company's clients or partners. This includes but is not limited to the communities listed above.

CONSEQUENCES:
If you do not immediately comply with this directive, I will have no choice but to pursue all available legal remedies, including but not limited to:
• Enforcement of the contractual agreement through legal action
• Pursuit of damages for breach of contract
• Notification to all affected communities of the contractual violation
• Any other remedies available under the law

This email serves as formal notice and documentation of your ongoing violation. I expect your immediate compliance with your contractual obligations.”

In a payroll email earlier this year the employer included: Per our Independent Contractor Agreement (non-solicitation/non-interference & confidentiality provisions), please note:

· You are not authorized to schedule, market to, or provide services to *Company* clients or communities outside of assignments expressly booked through Company.

· You may not go on-site to any communities you served while contracted with Company to represent yourself, your own services, or Company.

· All client relationships, records, schedules, and related goodwill are the exclusive property of Company.

I’ve reviewed her contract (NAL) and have found that dissolution of the contract only requires written notice by one of the parties and takes effect 14 days after the written notice is provided. Additionally, there is nothing in the contract such as a a noncompete or solicitation disclosure, my girlfriend never signed anything like that and none of the retirement communities listed as part of the supposed contract violations are mentioned, nor is there any language regarding being on the premises or relationships with clients or self-represent services. There is no non-interference provision, nor anything regarding onsite access. The confidentiality provision strictly pertains to patient private information. The employer is referencing non-existent provisions and this was the only contract my girlfriend signed.

I instructed my girlfriend to reply asking if the business owner had seen her notice of termination on x date and to ask for the specific sections of the contract she had violated and point out there is no non-compete or non-interference provision.

This all comes off to me as a scare tactic. The business owner was very disorganized and the business was failing so this kind of tracks as something a crappy business owner would do versus anything legally actionable?

How serious should we take this? What are our next steps (I’ve suggested consulting with a contract attorney and mentioned that if she continues then be prepared to respond to a civil suit) but again, I don’t see anything that’s actionable in the contract (it’s 3 and a half pages, I’ve signed my share of non-competes in the past, there’s nothing on the contract anywhere like that). The contract mainly pertains to liability and employment status.

Any advice is much appreciated!

Edit: Removed company name