Legal Question in Employment Law in Georgia
Former IC soliciting business clients
When no non-solicitation agreement is in force, can a business owner force a former IC to stop soliciting business clients?
1 Answer from Attorneys
Re: Former IC soliciting business clients
There are some instances in which a former employer can stop a former independent contractor from soliciting clients. For example, if the independent contractor has a valid confidentiality agreement, s/he cannot use confidential information to solicit such business. In some cases, even in the absence of a confidentiality agreement, the information might rise to the level of a trade secret, in which case the former IC may not be able to use the information. Also, it may be the case where the business owner has an exclusive agreement with the client, which may preclude the client from going to the former worker. These situatios are just examples and, of course, they are very fact specific. With the information you have provided, there is no way to know if these examples or others apply to your situation. Feel free to contact me if you have specific questions.
The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.