Can I be sued?

[Hmsp0317]

So I recently left a career and entered into another one which does not compete with the former. Upon leaving I had made lots of friends who also sent business to me. They were Request alternative resources and I shared their information with a competitor who I also knew to ensure they used someone reputable. I also knew that my former company had the best chance to retain the business if they competed against this individual. It was a tough choice to make but could I be in violation legally of my sales agreement?

The contract references "customers" information not to be used or contacted to promote myself or another entity for 1 year. Do business relationships count if they do not personally pay but freely refer clients count as customers?

 

[hrforme]

Honestly it sounds like you were promoting a competitor the minute you shared their information even if you were paid nothing for it but the goodwill of your friends. But a lot will depend on actual wording. Your best bet is to have a local attorney review the whole contract.

 

[Hmsp0317]

Thanks for

Honestly it sounds like you were promoting a competitor the minute you shared their information even if you were paid nothing for it but the goodwill of your friends. But a lot will depend on actual wording. Your best bet is to have a local attorney review the whole contract.

the reply. That's a good idea. I regularly referred current prospective clients to this particular company and was encouraged to by my boss because "wouldn't you rather compete against them then someone else who may be cheaper and cut corners?"

If my boss actively supported this mentality does that change anything? I suggested a friend of mine use my prior company and this other one instead of other companies in town. Does that change anything?

 

[zddoodah]

I had made lots of friends who also sent business to me.

Are these "friends" your former co-workers? Or people outside your former employer? Did they send business to you at your former employer? Now? Both?

They were Request alternative resources

I assume this is some sort of corporate mumbo jumbo.

I shared their information with a competitor who I also knew to ensure they used someone reputable.

I assume "their" refers to the "friends" you mentioned, but I have no idea who "they" are. Seems like you're referring to two different groups of people, but I'm not sure. Also, when you say that you "shared their information with a competitor," what do you mean. A competitor of whom? Of your former employer?

could I be in violation legally of my sales agreement?

Ummm...how on Earth would we know? We've obviously never read the agreement in question.

The contract references "customers" information not to be used or contacted to promote myself or another entity for 1 year. Do business relationships count if they do not personally pay but freely refer clients count as customers?

Aside from the facts being incredibly unclear (as my numerous questions above indicate), this small bit of paraphrasing doesn't substitute for actually reading the agreement.

Is there some reason you're asking about this? Has your former employer threatened to sue you? I'd tell you to take the agreement to a local attorney for a consultation. However, if this is just an idle curiosity, I wouldn't bother.

 

[Hmsp0317]

Are these "friends" your former co-workers? Or people outside your former employer? Did they send business to you at your former employer? Now? Both?



I assume this is some sort of corporate mumbo jumbo.



I assume "their" refers to the "friends" you mentioned, but I have no idea who "they" are. Seems like you're referring to two different groups of people, but I'm not sure. Also, when you say that you "shared their information with a competitor," what do you mean. A competitor of whom? Of your former employer?



Ummm...how on Earth would we know? We've obviously never read the agreement in question.



Aside from the facts being incredibly unclear (as my numerous questions above indicate), this small bit of paraphrasing doesn't substitute for actually reading the agreement.

Is there some reason you're asking about this? Has your former employer threatened to sue you? I'd tell you to take the agreement to a local attorney for a consultation. However, if this is just an idle curiosity, I wouldn't bother.

I apologize for the clarity issue.

I did sales for a local moving company. I built relationships with realtors and builders who I became friends with and they referred business to me as well as I did the same in return. When I left the moving company, I sent the realtor and builders information to a competing mover at the request of many of the realtors seeking additional movers to refer to clients. My sales agreement says I cannot contact or share contact information of current customers of the business for 12 months. My assumption is this refers to the customer information not business relationships. Can they legally come after me based on this information? I was trying to remain as anonymous as possible and did not want the chance of my former employer seeing this post.

 

[zddoodah]

My sales agreement says I cannot contact or share contact information of current customers of the business for 12 months.

Well...you admit to contacting realtors and builders with whom you had built relationships while employed by your former employer. The term "current customers" is subject to some interpretation (hence the reason why a proper analysis of this issue requires reading the entire agreement).

Can they legally come after me based on this information?

Assuming "they" refers to your former employer, the answer to this question depends on what "come after" means, but anyone can sue anyone for anything."

Has your former employer made a threat? If so, then consulting with a local attorney might be a good idea. On the other hand, as I mentioned before, if this is just idle curiosity, I wouldn't bother.

 

[Hmsp0317]

Well...you admit to contacting realtors and builders with whom you had built relationships while employed by your former employer. The term "current customers" is subject to some interpretation (hence the reason why a proper analysis of this issue requires reading the entire agreement).



Assuming "they" refers to your former employer, the answer to this question depends on what "come after" means, but anyone can sue anyone for anything."

Has your former employer made a threat? If so, then consulting with a local attorney might be a good idea. On the other hand, as I mentioned before, if this is just idle curiosity, I wouldn't bother.

That's really good info. Honestly they wouldn't get much and ultimately I still am going to refer business to them when I can. Realistically they would lose those relationships who are friends of mine by suing me. Lol. Thanks again for the information.

 

[ElleMD]

If you are actively dissuading customers from using your former employer, yes, you could find yourself in legal hot water. That is true regardless of what you signed. Safest is to remind these friends that you are no longer in the business and can not make recommendations. It doesn't matter that your former employer encouraged you to refer certain businesses for customers they were unable to help.

While we haven't read the agreement, if the document you signed indicated you promised not to send customer information to a competitor and you sent customer information to a competitor, you violated the agreement. I can't imagine that was your unclear.