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Dr. John Burton teaches Ethics at the Schulich School of Business at York University in Toronto, Canada.

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"Prospector"

March 18, 2003
Dr. John,

I have a new sales manager. I have been with the company for a year and have worked very hard at prospecting and gathering a prospect list over several months. Now, he wants me to give him my business cards that I have collected over these months. He says "I need them to do a mass mailing and to understand who is working on what". My problem: If I get suddenly get laid off he has all my prospects without any work or protection for me. I mean, what if I go work for a competitor? I feel that these contacts were from my hard efforts. Why should I have to give them to him? Yet, he has asked me twice and is my new boss. What should I do?

Regards, Peter

Dear Peter,

When you are employed as a salesperson the work you do building relationships and prospects is all done on the companies behalf. They pay you to do that after all.

The customers are your employer's, not yours, unless you have negotiated a different arrangement with your firm. The usual rule is that if you leave your firm, customer and prospect lists remain the property of the employer, not you.

Many firms require salespersons to sign agreements which make clear that prospects and customers are the company's and prohibiting former employees from contacting them on behalf of a competitor if they change firms.

Your boss, I'm afraid, is entitled to your client lists unless you have a written agreement that allows you to treat them as your own.

Thanks for writing,

Dr. John


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