As an H&R Block tax preparer, if I give my phone number out to clients and say, "Call me next season and find out where I am" is that a violation of our non-solicitation clause? (I live in California). If I then hang out my own shingle and they contact me to have their taxes done, am I violating my contract?
Additional details: The contract does say something to the effect of not "directly or indirectly" soliciting clients. The District people told me also it was a violation of policy. The only reason they knew about clients contacting me is because some of them had problems due to errors on our side and I e-mailed management to request that fees for them be refunded. (That's how they knew I gave out my phone number). However, there is more to the reasons as to why I gave my personal information anyway. My regulars were complaining about substandard front desk staff not wanting to take messages, refusing to put clients through to me and not even notifying me when they came in! Many internal HR issues too numerous to go into. I did read a little on the Kameron case. Non-competition, such as they were trying to force Kameron to do is also not enforced in California. I'm concerned about being accused of "client stealing". Thanks!
Thanks to the HRB instructor - yes I had to file a formal complaint against one person in particular at the front desk. However, this season we seemed to be stuck with this "low-life" element...which is one of the reasons I'm considering going on my own. If you are working in California, I'm not sure that working in a franchise makes a difference re that one year non-compete requirement. If you ever want to leave I'd check out the validity of that with an attorney because I read that generally, non-competition is not upheld in this state. Mine doesn't say anything about employment in that regard - it just says I can't do any of Block's customers returns for two years.
Yes we have been encouraged to do the same thing...set up appointments for next year. However, some districts/regions seem to be "odd ducks" when compared to the rest of the nation. We can't get that kind of "commitment" from our clients...in fact, we can't even get them to commit to a second appointment to COMPLETE a return they have already started for the current season! The only thing that we CAN count on is that our "regulars" are very consistent about wanting the see the same person. Mine, for example, want to be VERY certain they see me each time, but some of those don't want to come back to BLOCK! At this point, I'm weighing all my options, including going back for another season...which considering last season seems rather dismal. Thanks for all answers everyone. Would like to have people continue input.
Orignal From: Any H&R Block tax preparers or an attorney who can answer question re: non-solicitation agreement?
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