When does enticement or solicitation of a former employee occur?
Solicitation or enticement arise when the former employee has taken “any step or action” in attempting to secure the client away from the former employer. For example, completing a proposal for a client or providing relevant information on the new employer will constitute solicitation despite the former employee being approached by the client. [3]
Can a competitor solicit employees away from a business?
A common complaint that we hear from angry business clients is that a competitor or, even more commonly, a former employee is soliciting their best employees away. The question is always the same: “Can they get away with that? Can’t I sue?” And our answer is always the same: “It depends.”
Can a former employee solicit a former customer?
Same deal: that’s solicitation. In the same way, an employer may want to prevent a former employee from soliciting customers to draw them away from the business. This situation happens in sales and also in professional practices, with clients or patients. If Joe is a salesperson for XYZ Inc., he may have taken his list of contacts.
Can an employee solicit a customer through a third party?
An employee can solicit a customer indirectly through a third party. “Chris, why don’t you call Sally and ask if she wants to come with me to my new company?” Sending cards or emails to customers telling them about a new company could be considered indirect.
Can a former employer prohibit you from soliciting clients?
Restraint of trade clauses can take various forms. One common restriction prohibits you from soliciting your former employer’s clients or customers for a period of time after you quit your job. But what does “soliciting” mean?
What’s the law on solicitation of an employee?
Solicitation or distribution of non-business literature towards customers, partners and vendors. Proselytizing others to groups or initiatives that violate non-discrimination and equal opportunity policies. Employees have the legal right to refuse assistance or participation to any kind of activities or organizations.
A common complaint that we hear from angry business clients is that a competitor or, even more commonly, a former employee is soliciting their best employees away. The question is always the same: “Can they get away with that? Can’t I sue?” And our answer is always the same: “It depends.”
What does it mean to solicit a former client?
Bumping into a former client you dealt with at your previous job in the supermarket is unlikely to amount to solicitation. In fact, you may socialise with the former client at a BBQ or after-work drinks in a non-work related way. This does not of itself prove that you have solicited them.