Legal Issues with Contacting Old Customers

Tripledrop

One more question! Would the same issues occur if the customer made initial contact themselves? Or should you still advise them you can't talk to them?

SeanG79

It's a difficult one. The customer has the right to choose who they work with. The problem will be proving that the customer made the contact, how did they find the new contact details, etc.?

It also depends if you are prepared to go to court if your previous employer initiates legal proceedings and on the balance of probabilities, could you convince a judge that the customer had no prompting from yourself to "initiate" contact?

Without looking through previous posts, how long is the restrictive covenant, it is usually only a few months...?

steampowered

Tripledrop wrote: »

One more question! Would the same issues occur if the customer made initial contact themselves? Or should you still advise them you can't talk to them?

It depends on what the restrictive covenant says.

If the restrictive covenant only prohibits approaching customers of a former employer, then your friend might have been alright.

But if the restrictive covenant prevented your friend from making any sales with customers of his former employer at all, then that would be prohibited.

Most restrictive covenants I've seen would fall into the second category.