Who owns the customer contact list acquired by an independent contractor?

Question

I was wondering if someone could give me some insight to an IC issue. I was asked to help but never offered employment to do fashion for a company, and I researched and acquired my own list of names & numbers of vendors. Since I never signed an employment agreement, I consider myself an IC. My relationship is now ending on a sour note with this company, and to date they have NOT paid me for projects I've completed. Unfortunately, I do not have a written contract, since this all happended very informally. However, they're asking that I turn over my vendor contact list, along with files and a detailed list of procedures required to do my job. Who is the rightful owner of this list? Can someone please help?? Thanks!

Answer 1

Since you have no contract with them and you have not been paid for work to date, it would appear the list and work files you generated belong to you.
If the company would like to have them, they can pay for them based on whatever is the normal compensation for the work/time you did. They may choose not to buy the list, which means you have some expensive paper.
Either way, you have learned a valuable lesson. If someone wants you do some work, either in house or as an independent contractor, you need to get the terms in writing, every time. It doesn't matter if it is a friend, a family member or a previous employer. Nobody wants future "sour notes."

Answer 2

As far as I know, you have every right to keep your lists and anything else you came up with. Take the person to small claims court for payment, show your work and keep your vendor contract unless the court tells you otherwise. This is the whole point of being an independent contractor. If they are asking that you turn over your list for payment, they are trying to screw with you. I believe you are the rightful owner of the list. Next time make sure you have a signed contract in advance of doing any work for the company. Laws do vary by state. You can always check with your states labor board

Answer 3

Your response to them is the following:

Dear [whomever];

Although I have attempted to help you in the past with your business, you have neither seen fit to pay me for my efforts nor to acknowledge them in any way. Therefore, as there is no employment relationship existing between us either presently or in the past, I am choosing to decline your request to relinquish the results of my work.

If you wish to enter into arbitration or negotiations regarding the private work product I have produced, please feel free to contact me. Otherwise, I will consider our relationship severed upon this notice and any and all personal work product to be my sole property.

sincerely,

[your name]