Legal Question in Intellectual Property in California

Am I allowed to create my contracts, marketing material, and use a similar business model of a former employer?

I live and work in California. I received a call from a former employer accusing and threatening me with lawsuits and prison because I am trying to start a business that his similar to his girlfriends business that he also oversees, and that I also worked at. I was a Sales Rep for his company initially, and then was asked by her to perform sales for her company as well. He accused me of libel, slander, breaking a non-compete clause, copying her business model and material, among other things. When I was hired by his company I signed a Non Compete, and Non Disclosure agreements. (None of the Agreements are in her companies names).


Asked on 3/18/10, 3:33 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Non-competes are generally unenforceable in California. The Non Disclosure agreement is a different matter. It depends on the exact language used as well as whether the things protected are truly proprietary; unknown by the public or competitors. Contact an intellectual property attorney in your area and show him or her the documents you signed.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 3/24/10, 7:57 am


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