When is it OK to take on clients from my old work place?

Question

I left my previous work place at the start of Feb this year. When leaving I had to sign a document that states:

"You agree that for whatever reason, either on your own account or in conjunction with or on behalf of any other person, not to solicit or entice away, or endeavour to solict or entice away, any excisting or past clients of CompanyName, with the intention that they would then use your services or any other services, and therefore would seek to end their excisting aggreement(s) with CompanyName for that reason."

Since leaving one client is unhappy with the company I worked for and wish to use me instead. They contacted me not the other way around. Can anyone please advice?

Answer 1

Get a contract stating that there customers came to you, voluntarily. When they sign it makes the one above null and void.

As for when its OK to take them on.
Quote......
"Everything comes to those who hustle, while he waits"

Answer 2

Non competes are not binding in all states and are rarely enforced for the simple fact that it is difficult to prove you solicited clients and often is not worth the work.

Think about it, if Client A leaves my company to deal with yours and then I sue you so that I can work with the client who did not want to work with me in the first place, what is the probability of me getting his business now that he is forced from working with you.

I would cover myself with a paper trail showing that the client came to you and you did not solicit them. Maybe even have them sign something to that effect. otherwise I would keep my mouth shut. Most of the time these issues come to life because disgruntled former employees brag to others about taking clients and it gets around. Do what you do to take care of your clients and keep a low profile. Loose lips sink ships

Answer 3

Check with a lawyer about this. If the client came to you without you soliciting them, I would say it is probably O.K. but check with your lawyer anyway to be sure. You don't want your former employee suing you if you signed a Non-Compete Agreement. I know someone that this happened to and they are being sued by their former employer.

Answer 4

You signed a non-compete agreement with your former company and could be sued by them if you take their clients. I would check with a lawyer if you want to service this client to see what your rights are.

Answer 5

Your paper basically says that you won't contact customers of your old company with a view to them working with your company.

Keep proof that the other client came to you. Explain the sitution to your new client - it is a common situation and ask them to write a letter confirming that they sought you out.

Good Luck

Answer 6

when you signed the document you agreed not to tout for business with existing clientele.So if their clients are unhappy with the sevice they recieve from them and then want to use your firms services, then thats upto the client themselves.they are coming to you not the other way around.the clients however need to inform the firm about the fact that they arent satisified and their intentions of cancelling but they dont have to tell them which firm theyre going to use

Answer 7

you signed an agreement not to solicit....if a client chooses to use your service over said ex-company then you are in the clear.....you can take them with you as soon as you leave so long as you dont solicit

Answer 8

the paper you signed basically says you wont hunt the customers, if they come to you you will be fine as they can choose whoever they like to work on their behalf. As long as the customer will back you up should the need occur you will be fine.