changed jobs

[independent guy]

I am confused, how can you say a CSR wrote one policy?
In PA the only one that can write a policy is a licensed agent.

Well, she was licensed. In our office we try to get everyone that has interaction with the client licensed. We then have a further division - people who answer the phones and do customer service, and people who do the quotes and write the policies. We refer to the phone people as CSRs and the quoters/writers as agents. We give a payboost to those who can get a license, but we of course pay for the pre-license course, licensure, and bonding.

[jinman]

I have to say - I am a little surprised that the non-compete issue has not been touched on much. I am not aware of many agencies/carriers who don't have some sort of non-compete language in the employment agreement.

[sistoall]

Actually i have never signed any type of contracts with either employer.

Was just hired due to my knowlegde and experience.

With my previous employer, I was just hired as a bookeeper position, then when they had an opening on the Insurance, they never offered, I asked, and they just moved me into the position.

[Porter]

If you do not have a non-compete it is fair game. As long as you did not take any client data or trade secrets from your prior employer you should be ok. It is a free market.

[sistoall]

All i have is my own brain memory.

[independent guy]

I have to say - I am a little surprised that the non-compete issue has not been touched on much. I am not aware of many agencies/carriers who don't have some sort of non-compete language in the employment agreement.

A lot of smaller agencies don't have non-competes yet. We didn't, but we probably will in the future for those people that function as "agents" in our office. Its been a non-issue for us, because at least half of the agency is family. Of course that is changed by the CSR that left and took information.

[CATHIEA]

I would check with a lawyer because I believe there is an assumed contract as an employee that the business belongs to the agency. There have been cases where agencies have sued and let's face it the winner is he who has the most to pay the attys.
Soliciting your old employer's clients is about as unethical as an employee can get. It can be construed as theft.

Now on the other hand if you're as good as you say and your former employer's as bad as you say - those clients will search you out themselves.

[sistoall]

Yes, most of the clients that I wrote within the last year of being there have contacted me.

Again, I am not doing this, and would not do it to be vendictive, just want to keep my name well known in the insurance industry in my local area.

[wlunday]

Cathiea is right... I moderate ethics classes for the local associations, and this often comes up in duscussion.

The "High Road" would be for the new employer to do blanket advertising in the public media announcing the "Wonderful New Agent" that has joined our team...

Specific knowledge of clients of a previous employer is propriatary information and it would be ethically stealing to use it. I'm pretty sure the judge would agree.

When I've hired producers with no previous non-compete I still ask them to treat those clients as if they did. That way, I also find out if they are good at finding new business or just replacing the same old files...

[pita3333]

I must be from a different place...I feel that there is more than enough business out there for me to not to have to solicit (directly or otherwise) on the clients I had at another employer.

Absence of a non-compete does not change my point of view. The clients who walk in the door or call in are doing so by vertue of the location and advertising efforts of the agency.

If you are a producer (salesperson) who is bringing in clients by vertue of your relationships (business or personal), then we might have a different conversation...and this situation should be in your contract before you start working for/with an agency.

I know of some people who "made" sure that clients had their cell and home numbers....guess why>... ya so they could keep the relationship after they left the agency.

In my opnion ... this is dishonesty at its core. Remember an earlier post of mine...this is a very small industry. Do this often and you will find that you can not find a job!

Work hard...be honest...be sincere and you will succeed in this (or any) business. Seek out short cuts....and you will be disappointed!

[rodgwag]

Wow, Pita3333 is 150% correct. There is no way to say it better.

[sanddog1]

I agree with pita3333, unless you're the producer dealing with agency that counts on the producer failing and they then retain the business. Hopefully that agency will pay off the producer to maybe solve this dilemma. That how farmer and allstate gets ahead

[jctwindad]

Your previous employer had the opportunity to protect his interest by using either a Non Compete (which probably wouldn't stand up if challenged); a Non Piracy; or a Confidentiality Agreement. I use a Confidentiality Agreement for all Support Staff, and a Non Piracy for Producers. Assuming your previous employer was not smart enough to use any of these, you are legally free to contact your old accounts.

Some would argue that is not ethical, but I don't see it that way.

[gregcw]

I recently changed jobs, went to another Indepent Agency.

What I am wondering is if there is anything wrong with contacting clients that I wrote while employed at my old Agency?

They are either people that called into the Agency, and I answered the call, or people that came to that specific agency specifically to see if I could save them money on their current premiums.

Thank you in Advance, as any advice is greatly appreciated!

There is deffinitely something wrong with contacting these customers. Your previous employers client list is officially a trade secret. Your soliciting his list of customers without his approval is unethical. You were paid to solicit and service those clients, whether by salary or commisson. They belong to him and are his property NOT yours. This is true even if there is no non compete or non-piracy agreement.

GregCW