NEED ADVICE: Non-solicitation Agreements

Specialties Home Health


OK, I assume most everyone knows I recently (& happily) became unemployed...

I had to sign a non-solicitation agreement with my former job. It says (basiclly) that I can not leave that company & go to another and contact any clients or staff for the porpose of recruiting.

My problem is that my former clients and staff are calling ME at home (I am in the phone book) wanting to know where I am going (nowhere for now) and asking that I "keep in touch" if/when I do go to work for another agency. I have not contacted anyone since I left...I want to because I could gather more "proof" that my boss lied on my termination but to me it is just wrong to call them up and ask them to give a statement.

My question is:

Am I violating the spirit of the non-solicitation if I tell them if/when I go to work for the compitition?


859 Posts

Nancy, I wouldn't even want to hazard a guess. I think you need an honest-to-God legal opinion on that one.

Nice to know at least your patients appreciated you!


245 Posts

Yup, you need a lawyer on this's a pretty straightforward question, so a half-hour flat fee visit would probably take care of it.

I'm familiar with "non-compete" clauses, which sound a lot like what you've described. A clause like this means that I can't go establish a business that is similar to the one I've left within X number of years of leaving the business. It also means I can't actively recruit clients from my former employer--that's the gray area you're describing, where patients are phoning to find out where you are now.

In my case, I am prevented from telling my clients where I am currently employed, since my new employer provides services identical to those provided by my former employer. However, should one of my former clients discover on their own where I am working, I am not prohibited from taking them as a patient.

I hope this makes sense. See a lawyer, in any case.

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