Does a 1099 independent salesperson have legal rights to contact potential customers whose contact information was provided by a previous employer?

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Does a 1099 independent salesperson have legal rights to contact potential customers whose contact information was provided by a previous employer?

Asked on June 3, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In the absence of some sort of written non-solicitation, non-competition, and/or non-disclosure/confidentiality agreement which prevents the 1099 independent contractor/salesperson from doing this, the salesperson should be able to contact those potential customers; if there was no agreement, he or she never gave up the right to do so, and the employer never created an enforceable expectation that this would not be done.


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