Soliciting Customers

An employee can notify customers that they are severing their business relationship with you and engaging in business for their own purpose, even before the employee resigns.¹

However, an employee, during employment, owes you a duty of diligent and faithful service, and thus cannot solicit customers before leaving employment.² With the exception of solicitation using a former employer’s trade secrets, an employee generally is free to solicit customers of their former employer after they resign.³

1. Aetna Building Maintenance Co. v. West, 39 Cal. 2d 198 (1952)

2. Civ. Code sec. 2322; Lab. Code sec. 2859