Legal Question in Employment Law in California
I am in HR at an online advertising company. A disgruntled sales rep resigned today and starts working for a competitor on Monday. She informed me that she "had already reached out to all of her clients to let them know she was leaving, who she was going to work for and to please continue to work with our company."
We have signed non-disclosure and proprietary agreements but nothing is specific to this.
Is it legal for her to have contacted her clients while on our company payroll? What is our recourse?
Thanks!
2 Answers from Attorneys
I'm not clear on your question. Did she ask them to do business with the new company or to continue with you? That is crucial. ". . . continue to work for OUR company" is unclear.
I have worked on similar matters. Have an attorney, myself or someone else, review your documentation. However, your customer lists belong to your business, of which she was an employee, and they are proprietary, so they may be protectable even if nothing express exists in the written agreements. Have an attorney write a letter immediately, have it hand-delivered, with proof of service, explaining that you intend to sue for any damages (lost business) arising out of their misappropriation of your company's intellectual property (customer lists), punitive damages etc. as this is an intentional tort. If necessary, you can also go in to get a temporary restraining order and injunction stopping them from proceeding. Let me know if you would like my assistance executing this. I am happy to jump right on this. Do not delay, because you will lose the strength of your argument.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.