Non-Compete in NY
--------------------------------------------------------------------------------
Our company has been working as an sales agent for a Fl. company selling regional advertising into one of their publications. During the same time we sold ads into their magazine, we sold local ads and have been publishing our own local magazine, using them as our printer and distributor.
We have had many issues with this company including a hostile business environment, and threats fired off in emails on a regular basis. They took over the collections from us in Septemeber and then told us they weren't going to print in January due to outstanding monies owed to them.
They had also accepted post-dated checks to cover our print bills for the past year, and now say they can't because it's against their company policy. They have accused us of everything under the sun, unable to provide any evidence of any wrong-doings.
They claim to be losing money on the venture with our company. The REALITY IS THAT WE ARE TOO TIME CONSUMING FOR THEM TO DEAL WITH, APPARENTLY WE HAVE MORE QUESTIONS AND PROBLEMS (DOING BUSINESS IN ny) THAN MOST OF THEIR OTHER PUBLISHERS (MOSTLY IN THE mID-WEST)
So when they didn't mail out our magazines in January as scheduled, we asked what's wrong, why aren't our books delivered?. We were run around for almost 2 weeks before finding out that the magazines weren't printed or delivered. Even after making us go back into the office over the holiday break to fix a few issues with individual ads, and making sure that everything was submitted on time for the press run, they didn't fulfill their obligations.
We informed the clients that their time-sensative ads were not going to be delivered. Many of them pre-paid for their ads already. We asked for their money to be refunded. We got disgusted with their attitude & we sought a new vendor. We have found a new printer and mail house, however, now the former company is trying to enforce a non-compete. Since we are continuing our local magazine as we had been doing all along, can they stop us from continuing what we have already been doing?
--------------------------------------------------------------------------------
Our company has been working as an sales agent for a Fl. company selling regional advertising into one of their publications. During the same time we sold ads into their magazine, we sold local ads and have been publishing our own local magazine, using them as our printer and distributor.
We have had many issues with this company including a hostile business environment, and threats fired off in emails on a regular basis. They took over the collections from us in Septemeber and then told us they weren't going to print in January due to outstanding monies owed to them.
They had also accepted post-dated checks to cover our print bills for the past year, and now say they can't because it's against their company policy. They have accused us of everything under the sun, unable to provide any evidence of any wrong-doings.
They claim to be losing money on the venture with our company. The REALITY IS THAT WE ARE TOO TIME CONSUMING FOR THEM TO DEAL WITH, APPARENTLY WE HAVE MORE QUESTIONS AND PROBLEMS (DOING BUSINESS IN ny) THAN MOST OF THEIR OTHER PUBLISHERS (MOSTLY IN THE mID-WEST)
So when they didn't mail out our magazines in January as scheduled, we asked what's wrong, why aren't our books delivered?. We were run around for almost 2 weeks before finding out that the magazines weren't printed or delivered. Even after making us go back into the office over the holiday break to fix a few issues with individual ads, and making sure that everything was submitted on time for the press run, they didn't fulfill their obligations.
We informed the clients that their time-sensative ads were not going to be delivered. Many of them pre-paid for their ads already. We asked for their money to be refunded. We got disgusted with their attitude & we sought a new vendor. We have found a new printer and mail house, however, now the former company is trying to enforce a non-compete. Since we are continuing our local magazine as we had been doing all along, can they stop us from continuing what we have already been doing?
