Lack of non-compete
I was terminated as an employee 6 months ago
by a consulting and training firm, where I
had been employed for 20 years. In those
20 years, I had never signed a contract of
any sort. There was an employee handbook, but it did
not mention non-compete whatsoever.
I was immediately re-engaged by this same company
as an outside contractor/consultant, being
paid by the job (each job has it's own agreement
as to fees and time).
My new consultanting contract with this firm
specifically states that I can have other
customers, and that either party may leave
the contract with 30 days notice without
prejudice. There is no non-compete clause
whatsoever.
I have just taken fulltime employment with a
competitor, as a salaried employee. I intend
to email my colleagues in the field, including
several thousand former or current customers
of the first company. I have given my 30 day
notice to them. This email will not mention
the name of my new employer, just that after
such and such a date I will no longer be able
to service their needs (as customers of my old company)
and that I have taken other employment in the same field.
These contact email addresses have resided in my personally owned
computer for many years, and I do not intend
to access the company's customer database.
The question: May I send this type of email
to current customers of my original company?
What about former customers, no longer doing
business with the former company?
Thanks!
Answers (1)
If you never signed a non-compete agreement, then I would go ahead with your plans. A non-compete, even if signed, must come with some sort of compensation or benefit (other than simply keeping your job), and must be limited in time and distance (such as within 5 miles of the employer). In this case, if you never signed one, then you are free to compete with your employer. But I suggest you retain a lawyer just to look at those contracts you did sign, just to be on the safe side.
posted by Carol Oshana | Mar 12, 2003 08:22 AM [EST]
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