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  1. #1
    Join Date
    Sep 2016
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    Default Can You Use Your Former Employer's Email List for Your New Business

    An employee left a job in California and discovered that he accidentally kept several email mailing lists from his former employer. If he uses those mailing lists to try to generate business, can he get into trouble with his former employer?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Use Your Former Employer's Email List for Your New Business

    It certainly is possible that the use of the list will result in something between a legal headache and a legal nightmare.

    The employee may have signed a contract with the former employer that bars him from using any of the employer's customer lists or similar information, in which case the use of the list would be a clear breach of contract.

    Even if the employer did not have the employee sign a contract, the lists could constitute the employer's intellectual property, and thus the use of the lists could potentially result in litigation against the employee. Further, the lists may be deemed company property in relation to the application of larceny laws.

    If the former employee is intent on using the lists, he should get a full analysis of his plans from a business lawyer.

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