Legal Question in Employment Law in Florida

Trade Secrets

I resigned from my position.I signed nothing with this company in regards to non-compete or anything like that.At work,I had access to client numbers.Three weeks before my resignation I was at the front desk writing numbers down for promotional purposes.They confronted me about this when I resigned and they wanted me to sign a Termination of Employment agreement.I refused due to verbage of a hidden non-compete clause.Everything at my desk was left there on my last day.Anything I had at home resembling client info was thrown away.After two weeks, I recieved many calls from past clients requesting my services.Because I am now working with these clients, my past employer's attorney sent me a letter to cese and desist use of confidential information and trade secrets.They want all client info returned to them.All of my present clients are clients that have contacted me first.I have not used any property of that company to further my work practices.My question is:my past employer believes that I have client info because of the list at the front desk.I dont.I know any info that I did have before I resigned, I got rid of.That list was probably in there.Do they have grounds to persue this further since I do not have any of their property?


Asked on 11/03/05, 8:23 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Trade Secrets

If you do not have any proprietary information in your possession, and without a signed, enforceable non-compete agreement, you should be free to do business with any former customer who contacts you first. On the other hand, if you were to be affirmatively contacting former customers, it is arguable that you only knew of them and had access to their contact information from your employment, but this is not (in my opinion) a very strong argument. You, should, however, formally consult an attorney to ensure your rights are properly protected.

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Answered on 11/03/05, 9:17 am


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