Legal Question in Employment Law in California
Confidentiality Agreement
Is there a significant risk to me of being found liable for damages should my former employer make good on his threat to sue if I, in my capacity as a sales rep., pursue ''his'' customers? I signed a confidentiality agreement which includes ''information concerning customers'' as trade secret information and further states that I will not disclose or use directly or indirectly such information during or after my employment. During the term of my employment I became familiar with a number of companies whose contact information is readily available through public sources. I currently work in the same capacity and in the same industry as my former employer. There are a number of former and potentially future customers I wish to contact but hestitate to do so for fear of a lawsuit.
2 Answers from Attorneys
Re: Confidentiality Agreement
Yes, you and your new company can be liable if you improperly solicit their customers. You can do so, if handled correctly and in compliance with the terms of your agreement and laws. You need to consult to get detailed advice. Feel free to contact me if interested.
Re: Confidentiality Agreement
Trade Secret/Confidentiality Agreemtns are binding and enforceable in California. Depending on the language of the agreement you executed, you and your new employer could be liable for any information taken which you have gained during your employment. This is a very tricky area and I sugget that you only move forward with the aid of counsel. Many employees find themselves, with only good intentions, facing problems in this area.
You are encouraged to contact counsel in your area or our office.
Best of luck, Beth Mora
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