Noncompete Agreements

[saieddie]

I think noncompetes are pretty fair to both the agent and agency. However, what happens if a client you wrote within a month of leaving your previous agency calls you about the status of his policy? I just had a client call me about his policy in underwriting, and when I told him I just left the old agency, he asked to transfer his policy.

I didn't solicit him, but when they call on your cell phone what can you do?

 

[moonlightandmargaritas]

I think noncompetes are pretty fair to both the agent and agency. However, what happens if a client you wrote within a month of leaving your previous agency calls you about the status of his policy? I just had a client call me about his policy in underwriting, and when I told him I just left the old agency, he asked to transfer his policy.

I didn't solicit him, but when they call on your cell phone what can you do?

When they call you, all bets are off.

You didn't solicit them.

Nobody owns the client, the client owns themselves!

 

[Ahnuld]

Assuming you and your present and former agencies are acting in a professional manner and under recognized business codes of ethics, then these are things that can be easily discussed and remedied for all parties concerned. It is in everyones' best interest to deal with any anomolies that will come up every so often. It is unreasonable to think that they will not.

I am not sure whether you signed a non-compete contract or a non-solicitation contract. A non-compete contract is an agreement signed by you where you agree not to engage in certain employment within a certain geographic area for a certain period of time after you quit your former agency. A non-solicitation contract is an agreement signed by you where you agree that you will not contact and/or solicit an employer's customers and/or remaining employees for a certain period of time after you quit or are fired.

I know this sounds like splitting hairs, but the difference is significant when things get out-of-hand (like the "handshake" agreement versus putting it on paper).

Either way, I believe moonlightandmargaritas hit it right on the button, the client solicited you.