Legal Question in Business Law in California

Can my ex-boss sue me?

After graduating from collge, I worked for about 2 years for this small company, they hired me on the spot and I did not sign any applications or contracts (just filled out a tax form). During the 1st year of 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 business license. Then 6 months ''before'' I quit I got my business license and made my first sale. 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. Does he have the right to sue me if I didn't sign any contract or if I started my own business during the time I was still employed? Any advice will be helpful.


Asked on 3/20/07, 4:04 am

3 Answers from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Can my ex-boss sue me?

You didn't sign a non-compete contract, so you can't be sued on that basis (unless your boss alleges an oral contract.) Your boss may be threatening to sue you for use of trade secrets; if it really is a simple business, then you may be OK on that score. You might want to think about getting some legal advice.

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Answered on 3/20/07, 1:35 pm
Terry A. Nelson Nelson & Lawless

Re: Can my ex-boss sue me?

Anybody can sue anybody for anything. Winning is different. As long as you don't violate the unfair competition rules or a non-compete contract provision, he can't win.

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Answered on 3/20/07, 1:59 pm
Robert Preskill Robert Preskill

Re: Can my ex-boss sue me?

My advice is to hire an attorney who is recommended in the area of employment law. I can recommend someone. The question might not be whether he can sue, but what are the damages he can claim if he does.

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Answered on 3/20/07, 9:27 am


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