Q: Leaving Company. Opening New Company. What are my obligations with clients? Details below.
I do not have a non-compete agreement, I did not sign a severance agreement, I do not have a non-solicitation agreement and no other agreements. Additionally, no company policies in place and no policy handbook, or otherwise was ever given, received or signed. I have respected company owner and not divulged any information to any clients regarding "purpose" of leaving other than to say I am continuing into the next chapter of my career, which was a letter signed off on in writing by my employer prior to sending. However, since then clients are reaching out and asking where I am going, can I still help them etc. etc. Question - if a client reaches out to me OR requests that I reach out to them OR I contact them via a marketing email or the like after my departure am I legally bound in any way to my previous company? Further clarification here; I built the company, oversight role in all capacities, owner of company in many cases does not even know many clients...any obligation?
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A: You do not have an obligation to not solicit those clients. You are allowed to ask them to hire you.
A: While you may not be under any restrictions regarding solicitation of clients there are widely varying laws in the states regarding use of "trade secrets" which could include client lists, and client data base information. If you really want to be secure in establishing a new and competing company to your old company, you should consult with a local attorney about Trade Secret law, Unfair Competition law, and what you plan to do. This is preventative legal analysis, because if the old company sues you, the legal fees to defend such a litigation could be in the $100s of thousands of dollars. Even in OH.
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