Legal Question in Business Law in Arizona

Conflict of Interest

I have an employee that is an independant contractor that worked for me for the last year. During this last month of employment he opened a competitive buisness just like mine. He has my imfomation to take clients and staff. Can he be sued?


Asked on 4/14/07, 6:43 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Conflict of Interest

You state he is an independent contractor, then state he is an employee. Which is it?

If you do not have a written contract outlining a restriction on competition, you are in trouble. There is old common law tort precedent for unfair competition, but it is mostly unheard of to process one of these claims now without a written contract. Perhaps another attorney who has reviewed those older cases has an opinion. I do not have anything to offer you without going to the law books and cases.

Hire an attorney to review this problem if you want to pursue it.

Best regards.

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Answered on 4/16/07, 10:39 am


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