what is there NO non-compete / non-solicit

[mickeyzalewski]

I have given notice to my employer after 3 years working as a Network Engineer. As I am informing customers that I am leaving - they are asking why and I have been telling them that I will be working as a consultant. When they want to discuss my continuing to service their accounts I have been very careful to let them know that it is not appropriate to discuss that while I am on the clock for my employer and instead have scheduled vacation days to discuss that possibility. There is NO non-compete and NO non-solicit agreement.
Am I allowed to take the approach mentioned above or should I wait until after my employment ends before contacting those potential clients. Again, I have not pursued a single client, and I have not spoken with them about my company on my employers dime - but I have taken vacation days and met with clients that have asked me to regarding my venture. Does my employer have grounds to sue? What would be the appropriate approach when customers would like me to continue to service their accounts? Am I forbidden from pursuing these customers even after my employment ends even without a non-compete / non-solicit? And finally, what should I do about the customers with which I have spoken on my own time? One last question - Is it a good idea to try to work out some type of compromise regarding these customers - i.e. where I would give my former employer a percentage of the service revenues from former customers for some pre-defined period of time? What would be considered a reasonable period of time? I know this is a difficult question and I am asking alot - but any response would be appreciated.

 

[Beth3]

You would be well-advised to discuss this with a local attorney. Since you're going into business for yourself as an IC, it would be a good idea to establish a relationship with a general business practice attorney anyway.

Even though there is no non-compete in place and you're certainly handling this in a very professional and appropriate manner, if your former employer decides you've targeted their customers and they lose a chunk of business to you, it's possible they could bring a civil suit for tortious interference/intentional economic harm or something of that nature, depending on your State's relevant case law.

It would be a very good idea for you to discuss this issue with a qualified attorney just so you know what legal exposure you may have, if any, and where the line is between legitimate competition and economic harm.

Good luck.

 

[NYClex]

Yes, beth is right, you need to tread very carefully here. First of all, if you use paid vacation that could be interpreted as doing it "on the clock." The employer pays you to regenerate your health etc. but not to engage in potential competition, therefore this could be seen the same way as if you would do it during work hours. Even if you would argue you do this during "off hours" like after work, you still could violate the implicit duty not to engage in practices adverse to your employer's interests.

Now, how this will be treated after you terminated employment is a different, but equally difficult matter. The duty not to use any "trade secrets" against your former employer continues even after termination of employment, and the term "trade secrets" encompasses customer lists, addresses etc and any kind of knowledge gained during employment that could be used adversely against the employer.

So it might actually be a good idea to consult an attorney and may be even with his assistance find a way to get an agreement with your current employer.