My rights to contact clients

UPDATED: Oct 1, 2022

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My rights to contact clients

I am an independent insurance agent who represented clients through Cassetta
Ins. Agency, 3000 Delaware Ave., Kenmore, NY I received a letter of termination I
never signed a non compete agreement am I allowed legally to contact clients to
inform them I can no longer represent them through Cassetta Agency?

Asked on April 18, 2019 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot affirmatively reach out to any clients you only had due to the agency (i.e. from agency leads or contacts; or agency clients turned over to you; etc.), since you only know who those clients are because of your employment: thus, to reach out to them, you'd be essentially using the agency's client or customer list, which would represent misappropriating their property. If any such "agency clients" reach out to you, you can tell them you no longer work with the agency--you simply can't initiate the contact.
Any clients you obtained on your own and not through the agency, you can contact at will. The key is, don't use information only obtained from employment for your own benefit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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