Legal Question in Employment Law in California

employment

Hi

I was working for an Insurance co and had sign a non compete agreement that has duration of two years.

.The old employer had send a letter to my clients telling them that I�m not longer with the company and refers them to one of their agents.

I�m with a new insurance company now and my old clients (with who I have a close professional relationship) are calling me and want me to handle their business.

Can I do bossiness with them? Is the agreement that I had signed enforceable? Thank you.SM


Asked on 2/19/07, 11:35 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: employment

With very limited exceptions, non-compete agreements are not enforceable in California. Sometimes employers require employees to sign non-solicitation agreements, as well. However, if your former clients are contacting you for the purpose of continuing the business relationship, this is not a solicitation on your part, as they are free to do business with whomever they choose.

Many former employers will send threatening letters but, in truth, there is little they can do to prevent you from competing against them. Just be sure not to use any "trade secrets" as an advantage against them. Trade secrets is information that you can have only acquired through your employment with this company, unique only to them and that they take steps to protect.

If you run into trouble with your former employer, consult with an experienced employment law attorney about how to handle them.

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Answered on 2/22/07, 2:33 pm


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