Legal Question in Employment Law in Georgia

Re: non-solicitation agreement

Wow! A lot of questions, but I'll dive in and try to give you the best answers I can. The first thing is that you are going to need to get a copy of the non-solicitation agreement (NSA) that you signed. This will affect most of what you ask, in that it will determine whether or not it applies to a new purchaser.

However, to answer the rest of your questions. Calling your customers to tell them you will no longer be with the new firm is NOT solicitation, but the new company, if the NSA agreement is valid, may think it is, and may take action against you.

Having a personal cell number is great, and IF the customers call you, then you won't be soliciting them, they have the right to call you to do business, if they want to.

Generally, the old company will send a letter to YOU about the alleged NSA, and then you would hire an attorney to review the matter, and respond accordingly. I do these frequently.

Good luck.

Re: non-solicitation agreement

As stated, many of the things you mention could be violations depending on additional circumstances and your agreement. There may be limits on what you can tell a customer about your new employment. The cell phone is also not necessarily a positive. If the old company wants to pursue it, they might be able to pad their case by alleging that your "scheme" to solicit their clients began with telling customers to use your cell phone, at a time when you had a duty of loyalty to the old company.

Re: non-solicitation agreement

What does your agreement say? Also there may be a question about whether the agreement survives the sale. You could seek a declartory judgment or you could take your action and wait for them to sue you.