What are the laws for a sales person in regards to calling prospective clients that I may clld at old job?

Question

I don't want to get in trouble. going to new position and will be doing similar work, and I just want to know if I can contact my current clients one time only to let them know where they can find me. Can I do this without getting sued? Please reference me, help.

Answer 1

It depends if and what type of non-compete agreement you signed. Typically if your old employer made you sign one, you will not be able to work with your current client list. The law is fairly vague in this area, even with non-compete agreements. The company CAN sue you, and they will win IF there is a non-compete, IF they are consistant in going after ALL ex-employees in the exact same manner (cannot show they are going after you only but not others because this indicates a vendetta scenario). Their win will almost always just prevent you from contacting their curent clients you wored with. if it was another salesperson who worked with their client, they should still be fair game because the client cannot prevent you from making a living in your chosen profession and specialty.

If you are absolutely sure you did not sign any agreement, then everything is fair game, as long as you did not take and use the list of clients and contacts from your old company database. You can use the phone book, but no lists you made or obtained, printout or handwritten, while employed at the old company.

Answer 2

I don't know what type of work you are in, but in Real Estate, when a sales person leaves one Brokerage Firm and goes to another, all records that were in the previous firm stays with that company. It's Fraud if you do this. Other words, you can't make copies of confidential transactions etc and take them with you to your new job. There is no law that says you can't contact a previous client that you had business dealings with on just a "friendly" follow up call stating you have re-located etc. I would still "beware" though, in today's society of law suits. It would probably be wiser to just run an ad in the local newspaper, especially if the area you are in is a smaller type town or community, and simply state the fact that your services are availble at the new place you work. Anyway, I think most of your "true" past contacts will contact your former job, and once they discover you are no longer there, hopefully they have your email, cell or other means to contact you.

Answer 3

I would be very carefull doing this. I don't think its ethical at all let alone illegal. I would find out for sure before doing this.

Infact imagine you owned your own business and one of your employees leave and take your clients with them. This is wrong. You worked for this company and any clients you may have got during this time belongs to this company