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Am I wrong for contacting a customer to let him know I quit?

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Roger01

Junior Member
State: GA

My former boss sent me an email letting me know that they have heard that I've contacted one of their current clients. They didn't say who, or what it was about, but liked for me to reply back to them that I will not contact them.

The reason I contacted him was that I wanted to let him know I was no longer employed and moved on to another job. Also, my intention was to get information regarding a software suggestion that I could buy to do a particular task.

I also mentioned I was happy with my new employer.

Perhaps I was wrong for contacting this client, but I didn't see any harm for my actions and I feel they are harrassing me with phone calls everday with call ID turned off, and left no VM.

I'm not sure why I need to reagree to a document I signed when I started because of a "hunch" that they believe I'm solicitating business when I contacted the guy just once.

Can this really hold up in court provided is all hear-say? I'm sure that they have no evidence, otherwise, they'd see that I only contacted him for a software application suggestion just once. Also, they didn't explicitly say what I did other than they client had made him aware. The subject line stated a "possible" breach of contract and was very unclear what they really know. Otherwise, they would know it's a misunderstanding.

I'm also afraid this guy might be playing into threatning me with handing it over to their attorneys. I have no problem hiring an attorney on my behalf, but could this go in favor of them? What's a worse case scenario in terms of settlement should they win?
 


C

CheeseBlotto

Guest
You can talk to anyone you want to. Tell the former boss to pound sand.
 

cbg

I'm a Northern Girl
You did not violate the law, but it sounds as if you may have violated a non-compete agreement.
 

xylene

Senior Member
cbg said:
You did not violate the law, but it sounds as if you may have violated a non-compete agreement.
Yeah, as if the boss wants this ex employee to sign and amend a non-compete after the fact

My former boss sent me an email letting me know that they have heard that I've contacted one of their current clients. They didn't say who, or what it was about, but liked for me to reply back to them that I will not contact them.
 
C

CheeseBlotto

Guest
Taking the OP at his word, how would he have violated a NC?
 

cbg

I'm a Northern Girl
I'm not sure why I need to reagree to a document I signed when I started because of a "hunch" that they believe I'm solicitating business when I contacted the guy just once.

If the document he "signed when he started" is a non-compete agreement, which is sure what it sounds like, then contacting the guy in question at all may be a violation. But we can't know for certain without reading the document - note that I said MAY HAVE, not DID.
 

xylene

Senior Member
cbg said:
If the document he "signed when he started" is a non-compete agreement, which is sure what it sounds like, then contacting the guy in question at all may be a violation. But we can't know for certain without reading the document - note that I said MAY HAVE, not DID.
I agree with you 100% that the OP had signed a non-compete. I also agree that we can't know for certain the content of that agreement, (or if it was legal & binding) or if the OP's conduct rose to the level of a violation.

If the OP did violate, it seems ODD that the OP's ex boss is trying to get him to sign a more restrictive agreement by threatening him that his conduct in talking to a client rose to the level of a violation.

If they had him on a violation of the non-compete, why would they want him to sign a stricter non-compete after he has left the company?

Could it be that they have nothing?
 

Roger01

Junior Member
Actually, the document is called "Acknowledge of an Agreement with [Company Name] Arbitration Policy"

What they are referring to is in the employee manual. There's no clause from what I can see that clearly distinguishes non-solicitation acts. What they are trying to get me on is possible solictation. What they might try to nail me on is two words, "call on" which has several meanings. In the context, it's specific to solitation.
 
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BelizeBreeze

Senior Member
Roger01 said:
Actually, the document is called "Acknowledge of an Agreement with [Company Name] Arbitration Policy"

What they are referring to is in the employee manual. There's no clause from what I can see that clearly distinguishes non-solicitation acts. What they are trying to get me on is possible solictation. What they might try to nail me on is two words, "call on" which has several meanings. In the context, it's specific to solitation.
lAnd if I owned the company I'd 'get you' for tortious interference with a business relationship...get the point?
 

maybewronged!

Junior Member
Laid off and being harrassed, maybe?!

I was laid off on May 5th. I formed a company on May 9th. I am a Marketing professional and my previous employer just sent me a letter from his lawyer that I should not start my business and target the same customers that I had during my tenure with them. I haven't done that yet! I am also being accused of raiding former employees, which I haven't done either, not yet! I understand that this would be competing with previous employer but if I am laid off without any warning what option do I have but to either find a job in the same business or try forming a company in the same business?!?
 

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