Legal Question in Business Law in Texas
Trade secrets revised
With regards to the trade secrets question...What if the person in questions was already calling on customers while on her employers clock[customers that she met because of her employment with her current employer] and asking them not to renew their contracts because she would be starting up her own business in a few months at which point they could sign with her? This despite the fact that there were plenty of companies out there that she could have called on instead that were not current customers of her employer?
2 Answers from Attorneys
Re: Trade secrets revised
That brings you from merely misusing trade secrets to attempted tortious interference with contract. Rather stupid and totally unethical.
A lawsuit could get substantial damages for that sort of improper activity; just the thing a start-up company doesn't need.
Re: Trade secrets revised
The facts you describe appear to be inequitable conduct. The type and amount of remedies available to the employer depends on the facts surrounding the exclusivity of the customer information.
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