Legal Question in Business Law in California

Does my former employer ''own'' his customers?

My former employer is threatening to sue me. I quit my job and decided to open my own store in the same industry and a couple of clients have followed me. I did not take any information from the company when I left my job i.e. client files, business cards, or mailing lists. The owner is threatening to sue if I contact any client that just so happens to be a customer of thiers. All customer contact iformation is readily available on the internet. If I haven't ''stolen'' any information from my former employer, can they sue me for calling any client of thiers? Do they own the customers?


Asked on 3/29/04, 11:24 pm

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Does my former employer ''own'' his customers?

Anybody can sue you at any time for any reason or none at all. Whether they would win is another question. The answer to yours depends on the specific facts. It doesn't sound like the other guy has much of a case, but this is just a guess without more to go on. Consult a living, breathing lawyer for this one.

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Answered on 3/29/04, 11:29 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Does my former employer ''own'' his customers?

Former employers tend to threaten when this sort of thing happens, and indeed they sometimes follow up with lawsuits, but probably well lass than half the time. You seem to understand trade secret law fairly well. I suggest either consulting a lawyer about what you can and cannor do, or going to your county law library and reading practice manuals about trade secret law in California for a day or two.

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Answered on 3/30/04, 1:00 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Does my former employer ''own'' his customers?

What business? It matters. If the information was on the internet and publicly available, you have a good argument. He will likely assert contract claims and tort claims. I need more information.

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Answered on 3/30/04, 2:24 am
Donald Holben Donald R. Holben & Associates, APC

Re: Does my former employer ''own'' his customers?

Was there a non-compete clause, etc., etc. Need more info. Also, In California non-compete type clauses not liked in court. Must be reasonable even if you did sign one. Need more.

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Answered on 3/30/04, 6:54 pm


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