I quit my job and went to another company. Shortly after starting at my new job, two of my former clients called and said they wanted to stick with me, not my previous employer. They are now my clients again, but through my new employer. My old employer is threatening to sue me for breaching a confidentiality agreement, disclosing confidential customer lists and pricing information, and engaging in related "illegal activities". I haven't ever disclosed confidential information, but I can't really stop these two clients from signing up with my new employer. Their letter demands that I stop working for these two clients and send a reply stating that I will abide by their demands. Is it safe to igore their letter? I do not want to spend time and money on an attorney, nor do I want to respond in a letter without consulting one. I'd rather just ignore them. Is that prudent? They are a large company with significant resources, but I've done nothing wrong and have never signed a non-compete with them. I'm in California.
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Should I respond to a nastly letter?
- Thread starter Crispix
- Start date
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The clients have no ties, unless in the form of a contract, with your former employer. They are normally free to choose whom they do business with. Shouldn't be a need to reply to those letters from them, but keep them and all information regarding this incident. Maybe your new company would be willing to help you out a bit, seeing how they have a couple new clients now.
S
sombersusie
Guest
The "disclosure of information" is just simplying knowing the clients before starting your new job. If you're positive that you haven't signed a non compete agreement, i don't know how they could go after you. But since they did send you a letter to cease and desist, its possible they do have "something" and it just wouldn't hurt to talk to an attorney to feel safe.
D
D. D. Lessenberry
Guest
Crispix said:I quit my job and went to another company. Shortly after starting at my new job, two of my former clients called and said they wanted to stick with me, not my previous employer. They are now my clients again, but through my new employer. My old employer is threatening to sue me for breaching a confidentiality agreement, disclosing confidential customer lists and pricing information, and engaging in related "illegal activities". I haven't ever disclosed confidential information, but I can't really stop these two clients from signing up with my new employer. Their letter demands that I stop working for these two clients and send a reply stating that I will abide by their demands. Is it safe to igore their letter? I do not want to spend time and money on an attorney, nor do I want to respond in a letter without consulting one. I'd rather just ignore them. Is that prudent? They are a large company with significant resources, but I've done nothing wrong and have never signed a non-compete with them. I'm in California.
Wait a minute, here. How did the clients who followed you know where you were moving on to?
I dealt with a Doctor who left the group; she would not tell me where she was going to practice.
Again, I agree with the other two posters, *if you are sure you did not sign an agreement to promise not to bring clients with you*
I would not respond to the letters.
D
D. D. Lessenberry
Guest
Crispix said:How did they know how to find me? I told them where I was going -- "So long, I enjoyed working with you, bbye." Then they asked how to reach me, I replied . . .
So, then, you did not, upon employment with Joe Original Employer, sign an agreement NOT to take clients with you. Hairdressers do sign, Doctors do sign, some employees of Advertising agencies do sign.
The rest of my answer stands: If you are sure you DID NOT sign a non-compete agreement, you are in the clear.
S
sombersusie
Guest
Reading your initial statement once more, you said your ex employer is a "huge company". I'm thinking you should contact an attorney who specializes in employer law right away. Wrack your brain and try to remember if you signed anything. I once worked for a company that rhymes with "Rateway", lol, and I too had to sign a non compete form, even though i just answered the phones!!
It might also be in your best interest to "cease and desist" with the clients that followed you until you know for sure you are free and clear. How does going bankrupt sound to you? It was one suggestion my husbands lawyer made to him when he violated his non compete agreement (his clients were loyal to him too), if the case is to go to trial. As it is now we are hoping to settle out of court...
It might also be in your best interest to "cease and desist" with the clients that followed you until you know for sure you are free and clear. How does going bankrupt sound to you? It was one suggestion my husbands lawyer made to him when he violated his non compete agreement (his clients were loyal to him too), if the case is to go to trial. As it is now we are hoping to settle out of court...