Legal Question in Business Law in California
Cease and desist letter from an ex employer.
I received a cease and desist letter from my ex employer. Contract says I cannot contact my old clients for two years after leaving the company. I sent them a letter saying goodbye, and the company would continue to serv them, but should they have future referrals I could help them. What is my exposore or risk here?
4 Answers from Attorneys
Re: Cease and desist letter from an ex employer.
I have no idea what the contract says, or what the letter says, or what business you are in, so we are in the realm of guesswork, aren't we. The only thing I can tell you is that contracts limiting your right to work in the future are, in general, disfavored.
Surely when you signed the contract you had your own attorney look at it first?
Re: Cease and desist letter from an ex employer.
You should have consulted a lawyer first. How do you know the contract is even valid before you kiss your customers goodbye.
Best,
Daniel Bakondi, Esq.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Re: Cease and desist letter from an ex employer.
These types of contracts are frowned upon by courts and generally unenforceable, particularly when they involve former employees as opposed to sellers of previous businesses.
To make sure you have nothing to worry about, hire a lawyer to review the contract and send an appropriate response.
Feel free to contact us if serious about doing so.
Re: Cease and desist letter from an ex employer.
As a general rule, an employee upon leaving a position my send a "dignified" letter to his/her contacts stating that they have moved on and how to contact the ex-employee.
Also as a general rule, contracts limiting the ability to work in a field are disfavored.
However, depending on how you interact with former customers you could be on the hook for violation of the Trade Secret Act.
You should consult a lawyer before taking any action.
Feel free to contact me by email with any questions.
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