What to do if a Former Employee Solicits Customers?

Your star salesperson has decided to jump ship to a competitor.  She has taken your customer list and has started soliciting for business. What can you do to stop her?

Under New York Contract Law, you may be able to obtain a permanent  injunction against her where she would be prohibited from soliciting your clients. 

A preliminary injunction can be granted in the early stages of a lawsuit. For example, a preliminary injunction may be appropriate to stop a former employee from doing business or soliciting any customers of the corporation who where customers of the company when she was employed by the company.

Generally the company needs to show that there was a written contract between the employer and employee and that the non-solicit clause was reasonable in terms of time and scope.

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