Legal Question in Employment Law in California

Former employer lying? Competition contract

Is it legal for my former employer to tell clients who call to make appointments with me that I am retired? I left their office and work for another firm. One of my ex clients called me at home and asked if I am OK. Since I am only in my 40's she assumed I had taken ill and had to quit. Since this is a BIG professional franchise they had me sign a non-compete and non-solicitation contract. I am not competing or soliciting clients. But if clients choose to find out where I work and take their business there am I under obligation to send them away? I am just an employee at the new firm.


Asked on 1/23/08, 11:39 pm

1 Answer from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Former employer lying? Competition contract

If you didn�t tell them that you were retiring then they should simply be telling the prospective clients that you are no longer employed within their organization. Whether this is a canned answer from the ex-employer or something that someone said one time would be something that you need to consider.

Feel Free to contact me if you would like to pursue this matter.

Good Luck!

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construed to be formal legal advice nor the formation of a lawyer/client

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Answered on 1/28/08, 7:03 pm


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