I got a cease and desist letter from my old employer after they found out i contacted an client.

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I got a cease and desist letter from my old employer after they found out i contacted an client.

After resigning from my job, I reached out to a client asking for a letter of
recommendation. My employer realized I had contacted a client and sent me a
cease and desist letter. Does my old employer have any grounds to act on this?

Asked on May 14, 2019 under Employment Labor Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Did you have a non-compete/soliciation agreement with them? If so, then you must honor it. Failure to cease and desist from doing so can result in your former employer taking further legal action against you. That having been said, if there was no such agreement, then you had every right to contact this client (any any other cleints that you wish).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They only have grounds to act on it if you had signed some agreement (such as a "non-solicitation" agreement) in which you contractually agreed and obligated yourself to not contact their clients. If you did, they can enforce its terms against you; if you did not, you may contact their clients.


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