As expected, companies then use non-demand agreements with employees who often interact with customers, customers and employees. For example, a doctor`s administrative assistant would have a long and confidential client list, and a salesperson working for a company that sells to other companies would have personal relationships with each client. Companies that make something generic like copper wire need to be even more careful. Contract law is a bit of a funny thing. You may think that if you sign it, you have to follow all the terms of a contract, but that is not true. Except for something else, a crime will never be legal, even if it is a real contract signed by two people and a notary. Even if an employee signs a non-invitation agreement, it is impossible to impose it. In California, a Supreme Court decision rendered all non-appeal agreements unenforceable, except to protect trade secrets. Therefore, informing your former employer`s client that you have changed companies (which allows the client to offer to continue doing business with you) is probably not an invitation. Imagine, for example, that you are a high-level salesman of a company that sells copper wire.
Through your work, you have spoken to copper yarn buyers around the world. One day, another copper yarn seller offers you a better job and you accept. If your employment contract with your first job has a non-formal notice agreement, you cannot go to copper wire buyers and ask them to switch suppliers because you have changed employers. It`s the same if you do your business. Provisions prohibiting the invitation of customers are considered non-competitive obligations (and must therefore meet the requirements applicable to all non-competition agreements). Unlike the disclosure of the employer`s confidential information (which is legally applicable even without the worker`s explicit consent that it will not), the recruitment of the employer`s clients constitutes fair competition (unless it is due to the theft of the employer`s trade secrets, a breach of the trust obligation, etc.) and is therefore not applicable. , unless a valid contract prohibits it. not to compete.
The only way to test a non-formal notice agreement is to bring it to justice. The aggrieved party (the former employer or the new contractor) must start the case, which means getting a lawyer.
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