Legal Question in Business Law in California
I recently opened my own business in California. I was previously a contracted employee for the same type of business. The owner is now threatening to sue me for stealing his customers. Does he have any ground I never signed a non compete and I was in independent contractor. Please help?
2 Answers from Attorneys
You are treading in dangerous waters. Although you have a right to compete fairly with your former employer, you have to make sure that you not using your former employer's trade secrets and relationships.
Some things, such as customer lists, are considered trade secrets belonging to the former employer. Also, the relationship that you developed while working for your former employer is what we call "good will". That good will belongs to your former employer.
If you are soliciting the customers with whom you formerly had relationships your former employer may have a valid basis for filing suit.
The thing you should do is have a "sit down" consultation with a local attorney to discuss your options, and how you can take steps to try to avoid a lawsuit.
Let me know if you would like to set up an appointment.
Caleb
J. Caleb Donner
DONNER & DONNER
LEGAL WARRRIORS�
910 Hampshire Road, Suite R
Westlake Village, CA 91361
Tel: 805-494-6557
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DISCLAIMER
This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.
Anybody can sue anybody for anything. You probably have solid defenses unless you actually violated the laws against unfair competition. Consult with an attorney to discuss the actual facts and get an opinion and advice. Contact me if serious about doing so.
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