Starting a New Business with former clients of other corporation?

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Starting a New Business with former clients of other corporation?

I was a sales representative for a company for the past 4 years. I also maintained all of the company books, internal operations, etc. Recently I was forced out of the company. None of the clients had signed contracts with the former company and I never signed a contract or a non-compete when I was with the former company.Question I have is 2 parts. 1) I want to make sure it is ok to just let my customres know I am at a new company name.2) I want to make sure my former company is not allowed to smear my name with my clients.

Asked on June 3, 2009 under Business Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a Florida attorney, but from what you've written, it sounds to me as if the first part of your question isn't a problem.  The second part is a different story.

You have a right to make a living. If there had been a non-competition agreement, most states' courts only allow them to be what's reasonable under the circumstances, in time and distance, and they are read against the former employer, mostly.  With nothing in writing, it's likely that your only obligation is not to use their confidential information such as bank account numbers.

This is an area of the law that may vary some from state to state, and what you're selling might make a difference, along with any other facts you haven't mentioned.  For reliable advice, you need to see a lawyer from your area, and one place to look for attorneys is our website, http://attorneypages.com


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 AttorneyPages.com 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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