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

3. Continental Car-Na-Var Corp. v. Mosely, 24 Cal. 2d 104 (1944)