If I am an independent sales consultant, can my former company use my client database I brought to the company?

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If I am an independent sales consultant, can my former company use my client database I brought to the company?

I allowed the company I worked for access to my database of over 7500 prospects and clients. We had a verbal agreement that if we parted ways they would cease using this database. I have left and they continue to use my database saying it merged with their database in their CRM.

Asked on June 22, 2011 under Employment Labor Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh boy.  You have got to go and seek help from an employment attorney as soon as you possibly can.  The fact that the agreement was verbal matters to me here in that it is difficult to prove that they said they would cease to use it when you left.  Your word against theirs.  I can "hear" them say that it was on of the reasons that they hired you and that you offered it as part of the package and for additional compensation over and above other employees - do you see where I am going with this?  You would have to see if you have ground to file a temporary injunction and for a suit to force them to erase the client list from their data base.  Good luck.


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