Is Non-Compete Implied?

What is the name of your state? FLORIDA

I worked for an employer for 2 years, and my job had me working closely with about 20 of the company's customers. I was on a first-name basis with these people, and in all practical terms, I was their only point of contact at my employer's office.

When I left the company and became self-employed (in the same line of work), I contacted these customers to let them know I was no longer with the company. In addition, I solicited their business. A fair number have switched, because they wanted to continue the business relationship with me personally, not my replacement.

These accounts represent a lot of revenue, and my former employer is making veiled threats of legal action for "stealing our customers".

The owner is a maverick who flies by the seat of his pants and doesn't believe in paperwork. I had NO signed agreements of any kind with this employer... NO employment contract, NO non-compete, there was no employee manual, nothing.

Does the former employer have any foundation for a lawsuit, in the absence of a non-compete agreement?

Is there any time when non-compete is "implied" under the law?

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A lawsuit might be a bit excessive. However, your employer has a point about your "stealing" their customers since you actively solicited their customers away from them. It is not impossible that they might be able to get a restraining order against you, prohibiting you from actively soliciting their customers from them. (It would be another issue entirely if they approached you.)

I'm not saying you don't have a right to solicit business. But your employer also has a right to try to hold onto his customers.

Thanks for the reply. A couple followup questions if I may, and I'm asking strictly for informational purposes, not to be confrontational.

1) What is the difference between me acting as a competitor in the absense of a non-compete agreement, and all the other competitors in the market? I understand I have some inside knowledge, but again, I was never bound by any non-compete agreement.

2) I'm still a little confused how this could be construed as stealing business. I offered my services, but it was entirely up to the customer to decide. Nobody was holding the perverbial "gun to their head" to make that decision. (I hear stories of advertising guys, attorneys, etc., changing employers/practices and taking clients with them.)

3) How much time must elapse before I'm viewed as no different than an ordinary competitor, and can feel free to solicit whomever I want?

The legal issue here isn't whether there is a non-compete in force, it's whether you caused undue economic harm to your former employer by targeting their customers. If so, they can sue you for tortious interference.

I suggest you consult with a qualified local attorney before you go after any more of these clients and find out precisely what your liablity is here, if any.

Beth3 said:

The legal issue here isn't whether there is a non-compete in force, it's whether you caused undue economic harm to your former employer by targeting their customers. If so, they can sue you for tortious interference.

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My goodness girl, did you swallow a law book over the weekend???

BelizeBreeze said:

My goodness girl, did you swallow a law book over the weekend???

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BB, I think the politically correct term this week is non-male human.