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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 23407
Experience:  14 years practicing attorney
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I left my sales job about 2 months ago. In that time i started

Resolved Question:

I left my sales job about 2 months ago. In that time i started my own business in the same industry. I called one of my customers who is my former employers client. So, my ex employer sent me a letter stating if I call any of there clients again they will take legal action since i signed a confidentiality agreement. However, All clients are in public ct records and are in many competition company's database. What's the chances i can fight this? Thank You
Submitted: 11 months ago.
Category: Employment Law
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Are you using any type of confidential or proprietary information from the previous employer?
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Can you provide proof that you have obtained contact information from public sources?
.
.
Thanks
Barrister
Customer: replied 11 months ago.

Hi,


 


I recognize client's names that I worked with previously and am able to remember details about their structured settlements but I do not have any actual documents from my prior employer. I'm only using public records and my own memory.


 


Yes, I can provide proof.


 


However, one of my previous co-workers resigned so that he could work for me as an independent contractor. I'm not sure if that is an issue as well.

Expert:  Barrister replied 11 months ago.
Ok, there are two things that you have to look at here...can you prove you aren't using any confidential information from the company and what will it cost you to do so if they try to sue you...
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The company can't force you to "un-know" what you remember from working for them regarding clients and contacts that you have made. They can only prevent you from using actual client lists and other proprietary information that you may have come into contact with during your employment.
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So if you are just remembering certain clients and looking them up through public sources, there is not a non-compete agreement in place, and you don't have any property or lists that belong to them, then they have no case against you and this is simply a bluff to try to stifle competition.
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Now that doesn't mean that they won't try to maintain some type of suit against you that you will have to defend against. However, if they have no proof that you are using any of their confidential or proprietary information, that could give you grounds to countersue them for "malicious prosecution" and recover your costs of defending the action.
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As for the independent contractor, you aren't responsible for where he gets his information unless you are aware that he has taken confidential info from the employer.
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 23407
Experience: 14 years practicing attorney
Barrister and 5 other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

Okay, yes, I am only using public records and my own memory. The letter they sent me also states that the confidentiality agreement states that I cannot interfere with or disrupt any business relationship including employees of the employer. One of their employees resigned and is working for me as an independent contractor and two others are considering doing the same thing. Do you think this would be an issue?


 


You've been so helpful thus far. Thank you!

Expert:  Barrister replied 11 months ago.
The letter they sent me also states that the confidentiality agreement states that I cannot interfere with or disrupt any business relationship including employees of the employer. One of their employees resigned and is working for me as an independent contractor and two others are considering doing the same thing. Do you think this would be an issue?
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No, not unless you actively recruited the person while they were working and convinced them to quit and come work for you. Obviously your IC would want to testify if this came up that this was his own idea and you didn't coerce him into leaving to come work for you. Same thing with any future employees or ICs. So you can't solicit them while they are working, but if they decide on their own to quit and come work for you, I don't see any problem. If you are currently having discussions with them while they are working, it would be a good idea to shut those down and just leave your door open if they happened to come looking for a job.
.
.
Thanks
Barrister
Customer: replied 11 months ago.

Thank You So Much!

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