After termination, can I still keep in contact with clients I once provided in-home health care for?

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After termination, can I still keep in contact with clients I once provided in-home health care for?

I was recently fired from an in-home health care provider and was wondering if it is against the law for me to remain in contact with the clients.

Asked on August 3, 2011 Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You *may* have some difficulty with this. If you have not signed a no-solicitation or non-competition agreement, then at first glance, you could stay in touch with these clients. However, that said, a former employer may generally not use proprietary business information--including potentially client or customer lists--for his or her own benefit. If you also did not sign an confidentiality or non-disclosure agreement(s) providing that you would not use this information (e.g. client names, addresses, etc.), then there is a good chance you could stay in touch with these clients; on the other hand, if your former employer wanted to, it might be able to at least bring a cause of action or lawsuit against you, for improper use of propretiery information. Even if you won, you would have the cost and distraction of defending yourself. Therefore, in the absence of agreements to the contrary, it is likely, tbough not certain, that you could stay in touch with these clients, but you have to weigh whatever benefit that would give you against the possibility of having to defend yourself from legal action.


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