Legal Question in Business Law in Colorado

is it illegal to open a business while employed in the same industry


Asked on 1/26/12, 5:35 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Is there a statute or law that prevents an employee from opening a business while currently employed? Absolutely not. No state in the Union forbids an individual from opening a lawful business, regardless of that individual's employment status.

However, you need to read very carefully and have your lawyer review your contract with your current employer; they may have a non-competition clause in there that could give them the right to sue you for various causes of action under the contract if you open a competing business.

You should also be very careful not to use any information you are privy to by virtue of working where you work as you open and conduct your business. You don't want to run afoul of a nondisclosure or trade secret maintenance clause; that, too, could give your current employer grounds to sue you under your employment contract.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 1/27/12, 6:36 am


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