Can an employer make you pay for a client list when the clients didnt sign a contract?
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Can an employer make you pay for a client list when the clients didnt sign a contract?
I worked for a cleaning business and
the business was somewhat failing. So
the owner told me to park the business
car in her driveway and figure out what
I want to with the clients. I told that
as she was giving up the business. So I
told clients to call me and I will
clean on my own with my own car. I did
sign a non compete contract but the
clients never signed anything. Are the
clients free to have me come clean for
them still.
Asked on November 3, 2016 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The *clients* can contact you and if they do, you can work for them, since you did not sign a noncompetition agreement. But you can't call the clients initially, because you only had the clients' name and contact information as part of your job, to use for the sole benefit of your employer (i.e. not your personal benefit). The law does not allow you to use or take the employer's information, such as a client list, and use it for your benefit. So if you reached out to the clients, then potentially she could sue you, but if the clients reached out to you, you are fine.
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