non solicitation clause

[belatti]

Hello all

I'm new to these forums and I need a bit of advice on where I stand on something:

My (now ex) company has recently refocused their business objectives and decided to abandon the line of business I was involved in, and as a result let me and my team go. I need to know what my position is regarding starting my own business and bringing the abandoned customers onboard.

Now, the customers are actually on short-term contracts with a shell company, not my ex-employer, and this shell company sub-contracts the work to my ex-employer. I was a full-time permanent employee of my ex-employer and had no ties with the shell company.

My question is this: since my ex-employer never held the contracts with the customers, and they have abandoned this line of business anyway, can they stop me from approaching the shell company's customers for myself? I have an employment contract which I'm sure has clauses for taking my ex-employer's customers (I don't have it to hand), but would this clause even be relevant as the contracts are with the shell company?

These short-term contracts are time-sensitive so I need to act quickly if I am to have a chance of bringing in any of the customers, so a swift response would be appreciated.

Thanks

[georgewkw]

under normal circumstances, an employment contract will not set out condition in the case of termination, by whatever means.
However when you left the company, and you have signed a non-competitive clause, you may face a problem. If not you can do what you want.
Furthermore, for your ex -employer to take litigation steps against you is a very costly exercise, which could take years to resolve.
Don't have a sleepless night over this, go out work and earn.

[profitxchange]

This is a messy one, you really need to find your contract to get the detail.
If the customers business is really profitable and worth fighting for - I would seek professional advice then if it goes pear shaped you can fall back on their indeminity insurance.
But be careful the business has to be worth it. the potenial fight will distract you from your business!!