If my new employer share the same customer as my previous employer can I contact those customers?
Example customer X has 3 locations and my new employer deals with location 1. Can I contact location 2 and 3 ?? If my new employer already contacted the customer from my previous employer prior to me even engaging with my new employer am I allowed to continue that relationship?
No one can really advise you without having reviewed the Non-Disclosure Agreement to which you signed. The NDA might not even be enforceable.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
The general rule in California is that an employer cannot prevent a former employee from engaging in his or her normal field of work by use of a non-disclosure, non-competition, or non-solicitation of customers agreement, unless certain narrow exceptions apply, or unless the former employee is using trade secret or confidential information. It is therefore unlikely that the former employer here can keep you from selling to a customer by virtue of the NDA. However, before you launch into that it would be prudent for you to consult with an attorney and allow the attorney to see the NDA and learn about the specifics of your situation.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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