I worked for about 2 years for this company, they hired me on the spot and I did not sign any applications or documents (just filled out a tax form). On the 1st year working there I noticed how easy and simple the business was and I was able to learn everything and decided to start my own business doing the same thing. I bought a domain and designed the website but did not apply for any license. Then 4 months "before" I quit I got my business license and made my first sale "outside" of work. It's been almost 9 months since I quit and my business has been doing very well. Now my old boss recently found out about my business and is now threatning to sue me. Any advice from a lawyer or anyone will be helpful.
2007-03-16 22:03:56 · 4 answers · asked by jennifromtheblock 2 in Politics & Government ➔ Law & Ethics
oops i meant 6 months before I quit...not 4.
2007-03-16 22:06:23 · update #1
Your ex-employer CANNOT bring legal action against you if you are not in Breach of Contract in which you AGREED in WRITING, with your signature...to NOT Compete with HIS businesses within a specified radius from that previous employer.
Your ex-boss has NO SUCH document!!!!
Don't give him another thought! He cannot sue because he never had a contract restricting you if you left his employ. He's just being vindictive. And actually, IT IS against the law "to Threaten" someone by intimidation. So, keep very good notes because if he keeps it up, and you have real proof--taped conversations, other witnesses who cannot be discredited, etc, you can sue him for threatening you, and even win! You go "Entrepreneur!" Congrats on new deals.
2007-03-16 22:53:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I am not a lawyer, and unfortunately, I don't think you'll be able to get a legitimate "legal" answer. There's not a "real" lawyer in the world that's going to give "LEGAL ADVICE" in this forum. However, if your boss does not have "anything patented" and you did not sign a non-disclosure agreement or say that you would not "do what he does", I think you might be Okay. Check with your city's Better Business Bureau or Chamber of Commerce, they will be able to point you in the right direction. Also, it never hurts to call a real lawyer, even if it costs you $150. or so for a consultation, it's cheaper than getting sued.
Another thing, if he doesn't have any "legitimate" claims, you might be able to take action against him. Cover all your bases. Better safe than sorry.
2007-03-17 05:22:09 · answer #2 · answered by Adam in Vegas 2 · 0⤊ 1⤋
Well, if there was no contract of employment stating you:
1. Had to work exclusively for your employer
2. Your work product during the time of your employment was the property of your employer
3. You could not leave to join a competitive business or start a competitive business of your own
Then he will have problems suing you.
However, there was an "implied" contract of employment. I assume you worked during certain hours and were not a freelancer, and that you were paid for your work. I'm also assuming you are young and have no knowledge of contract or employment law - which will work in your favor. You could argue that even if there is an implied (as opposed to written) contract, you couldn't possibly have known all the terms of your employment.
2007-03-17 05:15:56 · answer #3 · answered by lesroys 6 · 1⤊ 0⤋
Did you sign a Non-Disclosure Agreement or Non-Competition Agreement (in case you quit or got fired)? If not then you are all set for the most part. A lot also depends if there were any copyright or trademark impingement, if not then once again you are in the clear.
2007-03-17 05:14:23 · answer #4 · answered by Anonymous · 0⤊ 1⤋