Left job to freelance and old company trying to bully?

[mrschrod]

Jurisdiction

North Carolina

Hi everyone,

My wife recently left her job to start her own graphic design business. She hasn't solicited to anyone yet as she is just starting. Today she got a call from her old employer very vaguely saying that she wasn't allowed to reach out to any clients of theirs, and insinuated that she couldn't reach out to any of their prospective clients (clients that hadn't signed any agreement with her old company).
She wasn't planning on going after any of her old clients anyway, but I wanted to know if it is legal for her to do that if she so chose, and if it is legal for her to go after different prospects that her old company hasn't closed.

As a note, she hasn't signed any non-compete/non-solicitation either. Any clarification you could provide would be very beneficial!

 

[Foamback]

Tell them to pound sand

 

[adjusterjack]

She wasn't planning on going after any of her old clients anyway, but I wanted to know if it is legal for her to do that if she so chose, and if it is legal for her to go after different prospects that her old company hasn't closed.

Using knowledge of her former employer's clients (information that is OWNED by her former employer) could get her sued. Even if she is right, the cost of defending a lawsuit (tens of thousands of dollars) could result in bankruptcy.

Avoid it.

She is OK with seeking new clients. If they happen to be also pursued by the former employer, well, that's business.

As for the pound sand comment. Not a good idea to get the enemy angry.

Just block the former employer's number and email and keep a low profile while building the new business.

 

[zddoodah]

My thoughts are somewhat between those of the prior two responses but much closer to those of "adjusterjack."

Note that the threat is something that your wife ought to discuss with her agent when she acquires business insurance (of, if she's already done that, she should call the insurer and ask if it's something she needs to report).