Hello! I'll try to make this simple...
While working in South Carolina, I was working for a company who was purchased by another company. The NEW company is based in california. I signed an agreement upon the buy-out (as an employee) that if i were to leave the company, I cannot take any inventions/proprietary info or contact customers etc... for a period of 1 year. I signed this while in South Carolina. The company offered me a promotion 3 years later and i moved to California. While here in California, i did NOT like the work environment and decided to find employment elsewhere after my mandatory 1 year waiting period (otherwise i'd have to pay back my moving expenses). Anyhow, a direct competitor offered me a great compensation package so i decided to take it. I returned all company documents, customer lists, etc..etc.. This direct competitor has pretty much ALL the same customers as my previous employer and i had direct contact with these customers. After i left my previous employer, I let some of these customers know where I went and asked if they needed anything to contact me. That's the extend of my contact with them. However, the former employer has notified the president of the new company that i have violated their proprietary information agreement and contacted THEIR customers and will be sued for doing so. I have used NO proprietary info and if the customers are the same for both companies, isn't it legal for me to still work with them?
This is the SECOND time they've threatened me with legal action and both times they contacted the president of the company i'm with now in regards to this before contacting me. THey (previous employer) has not given me exact details on what i did that violated the "agreement" either.
So, #1, since i signed the contract in South Carolina and did not do so here in California, is it enforceable?
#2. If it is enforceable, can they really tell me not to deal with these customers even tho' it is within the scope of my responsibility at the new company? (Note: i'm not in sales, but moreso a sales support type of thing)
These customers can easily be found on the internet or through a whole host of other means easily accessible by anyone. The fact that i already know these customers makes it easier.
Please advise!

