Legal Question in Business Law in Arizona

I lost my job on October 2 2009 and never received my final pay. I sought the help of the state. This turned into a battle with the former employer. Since then I have never received my final pay and havent found a job. I am collecting unemployment and sick of it. I decided to open my own business. Now a friend who still works for him says that he is going to attempt to file a lawsuit because I started a business that he feels is a breach of a non compete. I never signed a non compete agreement I did however sign a non disclosure. Can he have my new business shutdown?


Asked on 1/03/10, 7:21 am

2 Answers from Attorneys
Lance Davidson Lance S. Davidson, P.C.

Absent misappropriation of confidential information from your former employer, absent a non-competition agreement, and absent any aggravating circumstances, you should be fine. You should have been able to obtain your last paycheck if wages.

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Answered on 1/08/10, 10:23 am
Donald Scher Donald T. Scher & Associates, P.C.

You should file suit in small claims or Justice Court for the amount of the wages owed to you and for the applicable penalties when the wages are not paid on time after a termination.

The wage claim is separate from his suing you breach of a non-competition agreement. Since you did not sign any non-compete agreement, he has no case. It cannot be determined what your rights or duties may be with regard to "non-disclosure" until you have legal counsel review the non-disclosure agreement and the consideration therefore.

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Answered on 1/08/10, 10:30 am


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