Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is here any reason why you cannot wait until you have left the company to start approaching your old clients?PS: I just have some scheduled maintenance on my internet connection so may unexpectedly go off but rest assured I will receive your replies and will respond shortly
My name is XXXXX XXXXX reason why I would not want to wait is that:
the cashflow is important to me
the services provided to the clients should not be stopped, they need constant mainteneance
when I leave there is no one that can serve them so they will be left unattended
they then can feel disappointed and I will lose the reputation
The current company will lose these clients anyway dues to my skills and language barrier
Hi, sorry, had to amend my e-mail details. If you have sent anything, could you kindly resend the answer, please.
Thanks for your patience. If you do not have a post-termination restrictive covenant then there is little an employer can do to prevent you from acting in competition or dealing with your old clients. However, whilst you are still employment with them you will be bound by any restrictions that exist in your employment contract with them or any workplace policies that you are subject to.
So if you propose to do what you mentioned, even if you do this during your notice period, you would still be employed by them and subject to the restrictions in your contract. That means you could still be held to have acted in breach of the contract you have because these would apply until your last day of employment with them.
You will then have to consider what the possible repercussions of this could be. You may be disciplined and potentially dismissed if the employer treats this as misconduct. This could happen even if you have resigned and are in your notice period.
This was very helpful. However, what concerns me most, is that after I left the company I will be held responsible for the loss of the business or damaging the business in which I am at the moment.
To be precise: can my current boss sue me for damaging the business after I have left the company (assuming I would set up my own business while still employed, without informing him?)
Your employer can only sue you for losses that have been incurred as a result of you breaching specific contractual terms. No breach of contract = no cause for claim
Providing that my current company would not know that I am opening my own business (i.e. register the business, build my own website) and that find out only after I have left, this means they can still sue me? In other words it would be wise to wait untill I have terminated emplyment with them.
Yes that is correct, it is the safest option
Has your original query been answered?
Hi Ben, just one more thing. I have resigned from work today and I am on notice period. Following your advice I will not set up my business while still in employment. However, my boss mentioned to me today that I cannot contact my customers for 12 months. I am surprised because as I had mentioned I have never signed any restrictive covenant. The only thing that I can see in the contract that applies to customers is in the "duty of confidentiality" section of my contract. And it says there that confidential information about the company's customers and suppliers cannot be disclosed during the employment ot after termination. But is approaching customers equal to disclosing information?
No it is not the same, to prevent you from contacting customers they would need a specific non-dealing or non-solicitation covenant, which you do not appear to have. Then again they may try and argue that you contacting the customers using a database you have created with client information amounts to a disclosure although applying this particular covenant to this situation may b difficult fr them to achieve
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).