Moved to a new company with all my clients

Freddie Jackson

Hi

I'm looking for a bit of advice if any one can help.
I moved to a new company and brought all my clients with me, I have heard that my old boss was in seeking legal advice today so I am a bit worried with what to expect next. I work in sales and I thought that any judge would throw this out as it affects the way I make a living.
Can anyone tell me if I should be worried or if I should talk to a solicitor?

3DataModem

What does your old job contract say about "non-solicitation"?

Freddie Jackson

Hi 3DataModem


Despite me asking for one on numerous occasions they never got around to drawing one up for me.

Nody

Taking clients with you as a sales person has gone to court before; talk to a solicitor.

Irish_Elect_Eng

Hmmm....

I doubt that a lack of a contract would be protection here as the customer would probably be considered an asset of the company which you helped yourself to when you left. Did you bring all the customers with you to the company or where some of theme existing customers when you joined the company.

There is also the data protection element to consider, as you are no longer employed by the company I doubt that you have the right to use the personal information that the company had on the clients.

Your new company is also on very sticky ground in relation to having the personal data of your former company's clients. Your former company may come after them instead of you as it may be easier to get $$$ from a company.

The questiona I would ask is:

Why should your new company trust you with their customer database as you have proven that you will steal it when you leave?

Discuss with a legal professional and your current company.

RATM

Agree with others in seeking legal advice. But on the face of it your old employer should have had a non-compete clause in your contract. As you requested a contract and it never arrived then you might just be ok. Non-compete clauses usually prohibit you from contacting previous clients for a period of 6 months.

Kosseegan

A non compete clause won't be implied into a contract. Apart from misusing customer data which wont be of much use to the old boss at this stage there is not a lot he can do. The main issue at this stage is to avoid the old boss getting any evidence for a claim. A good employment law solicitor should be consulted with regard to replying to any letters.

Johnny_Fontane

the lack of a contract is a huge issue for your old employer. They will struggle in front of any judge to gain any traction.

It also depends on how you took all your clients. If you are continuing to work with clients that you were working with, its a grey area. If you printed out the whole database, you could be in the stew, if these clients are public knowledge and you are using public knowledge to gain these companies' details, you might be ok.

You mentioned thats its your living thats in jeopardy, this is a very relevant point if that is exactly the case. If, for example, you are a sales manager for banking software (and there is only say actually 50 clients in Ireland), you might be in the stew, if you are a sales manager for say a stationery company (that has say 10000 clients), you should be fine.

amazed you had no contract......

Eoin

Can we stop advising on what might happen in legal proceedings please.

the_syco

Freddie Jackson wrote: »

I moved to a new company and brought all my clients with me

Did you
a) move company, and your clients rang you, found you had moved and kept with you?
or
b) you called your clients and informed them that you had moved?