When is an individual legally considered to be a ‘customer’ in terms of non-solicitation contract?

I signed a non-solicitation contract with an Florida employer valid for 1 year after
leaving the company. I parted ways recently. It states ‘…you are not allowed to
directly or indirectly solicit or accept a solicitation for business from a
CUSTOMER of …x …within a 30 mile radius…’

1. If the company contacted other companies or individuals to market or attempt
to sell their services but never actually did any transaction or delivered any
service, and even though they might be recorded in the company’s internal
database, are they technically considered as a ‘customer of company x’ or are
they just potential customers?

2. If I am a recruiter, do I need to ask every company or candidate that I am
dealing with for within the next 1 year, if they have done business with company
x?

3. If I would place a candidate at a company that company x whom I worked for
did business with, will that be an infringement on the non-solicitation contract?

Thanks answering my questions and for filling me regarding this matter.

Asked on February 14, 2019 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A "customer" is someone who purchases--that is, actually buys or pays for--goods or services. So only someone who's bought something from your current employer would be a customer of theirs; simply being someone who the company marketed to or tried to sell to does not make them a customer.
In terms of the agreement, you can't try to get anyone who bought from your current employer do business with--i.e. purchase goods or services from--a new employer. Recruitment would seem to not fall under that restriction.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.