An employee is poaching clients after resigning: what to do (without making it worse)

This is where notice period decisions matter. If the employee has high client exposure and there’s a real competitor risk, you may want to reduce what they can touch during notice.

Sometimes that means:

• • limiting duties to internal handover only
  • removing them from client comms
  • considering garden leave (which is often used precisely to protect client relationships and confidential info)

Whether you can do garden leave properly depends on the garden leave clause (and the wider employment contracts position). If it’s not clearly provided for in the employee’s contract, you’ll want HR advice before you go hard on restrictions.

First Week – Stabilise Clients & Capture Evidence

Stabilise client relationships

This is where a lot of businesses freeze — then lose accounts because the client feels neglected.

Your client message should be about continuity, not drama.

Do this early:

introduce the new point of contact immediately

• • proactively book short continuity calls with key accounts
  • reassure clients that nothing is slipping
  • log anything relevant calmly and factually

Example client message

“Just a quick note to confirm [Name] will be your main point of contact going forward. We’re doing short continuity calls this week with key clients to make sure everything runs smoothly — does [time] work?”

If a client says “they asked me to move”, you can keep it neutral:

“Thanks for letting us know. Our focus is making sure you’re fully supported. Let’s confirm what you need from us this week.”

Then document it (date, what was said, any evidence the client is comfortable sharing).

Gather Evidence

If you end up needing to take action, the difference between “we think” and “we can show” is everything.

Think about evidence in two categories: system facts and human facts.

System facts

• • CRM audit logs: exports, bulk downloads, unusual access patterns
  • sudden changes to client notes, contacts, pipeline stages
  • email patterns: spikes in outbound volume, unusual attachments, external recipients
  • use of personal email or cloud storage where you have legitimate visibility under policy

Human facts

• • client messages (e.g., forwarded emails, screenshots if the client offers them)
  • internal reports from colleagues who noticed unusual behaviour
  • notes from resignation conversations where competitor plans were discussed

Build a simple timeline

• • resignation date
  • what access changes were made and when
  • what triggered the concern
  • what evidence exists and where it’s stored
  • which clients/accounts are impacted

What not to do

Avoid anything that looks intrusive or disproportionate, especially if your policies don’t support it.

• • digging into personal devices without a clear basis
  • telling lots of people “they’re stealing clients”
  • confronting the employee with allegations you can’t evidence
  • sending emotional, threatening messages you may regret later

Keep it factual, tight, and professional.

Client communication

Protect relationships without defamation

This is where a lot of businesses freeze, then lose accounts because the client feels neglected.

Your client message should be about continuity, not conflict.

A good approach is:

• • introduce the new point of contact immediately
  • reassure them nothing is slipping
  • offer a quick check-in call

Something like:

“Just a quick note to confirm [Name] will be your main point of contact going forward. We’re doing short continuity calls this week with key clients to make sure everything runs smoothly—does [time] work?”

If a client says “they asked me to move”, thank them and log it. Don’t rant, don’t accuse. You can say:

“Thanks for letting us know. Our focus is on making sure you’re fully supported. Let’s confirm what you need from us this week.”

It keeps the relationship steady and preserves evidence without creating reputational risk.

How to Speak to the Employee

Firm, neutral, documented

You can say a lot without accusing anyone.

Objectives:

• • remind them of obligations (confidentiality, proper conduct during notice)
  • set boundaries (client contact, data handling)
  • put expectations on record

Neutral script

“As you work your notice period, we need to protect client relationships and confidential information. Please confirm you haven’t retained or shared any confidential client data and that client contact will be limited to agreed handover activity. If you need anything to support handover, please route it through [named person].”

If you have evidence of unusual behaviour (e.g., CRM exports), you can be more direct without being inflammatory:

“We’ve identified activity that suggests client data may have been accessed or exported outside normal handover activity. We’re reviewing this. In the meantime, please don’t export or share client information, and don’t contact clients unless agreed as part of handover.”

If they push back, keep it calm:

“We’re protecting business interests and we’ll follow a fair process.”

Document the conversation and follow up in writing.

If it continues…

Escalate in layers

Layer 1: tighten controls + written expectations

Often enough on its own. Many people back off once:

• • boundaries are explicit

  • access is controlled

  • account ownership is clearly reassigned

Layer 2: formal HR process during notice (if misconduct is happening)

If misconduct is occurring during employment (data misuse, dishonesty, breach of policy), you may need:

• • an investigation

  • formal steps under your disciplinary process

Done properly, it creates a clean record and strengthens your position.

Layer 3: specialist support (HR + legal)

Usually appropriate where:

• • the employee is senior and the risk is material

  • there’s credible evidence of misuse of confidential/commercially sensitive information

  • clients provide statements they’ve been solicited

  • there are post-termination restrictions and you need advice on enforcement

It’s worth saying plainly: legal routes are rarely the fastest or cheapest option — get good advice before committing to it.

Prevention

Reduce opportunity as much as intent

If client-poaching risk is real in your business, the biggest wins usually come from reducing opportunity.

Remove single points of failure

If one person holds the relationships, history, contacts and commercial knowledge, the temptation (and opportunity) rises. Treat client ownership as a team asset:

• • shared account coverage
  • documented client history in one place
  • a clear “second contact” on key accounts long before anyone resigns

Tighten information discipline

Keep sensitive client information on a genuine need-to-know basis:

• • limit who can export client lists and pipeline reports
  • restrict access to pricing/proposal libraries
  • ensure visibility over unusual activity

Make expectations clear before you need them

Resignations get messy when the business assumes it can do things that aren’t reflected in contracts and policies.

• • clear confidentiality wording matters
  • garden leave may be appropriate for high-risk roles (if contract supports it)
  • post-termination restrictions should be proportionate and role-appropriate

Train managers with a simple resignation playbook

A short checklist helps managers act calmly instead of emotionally:

• • who to notify
  • what to document
  • how to start a clean handover
  • how to protect client relationships during the transition

Need a steady next step?

If you’re dealing with a resignation and you’re concerned about client contact or data leaving the business, we can help you choose the safest next move. Speak to our HR team for practical guidance on notice-period options, evidence and client communication.