Legal Question in Intellectual Property in California

Confidentiality agreement
When I started working for my employer,on my first day, prior to begining work, in front of other employees I was asked to sing a confedintality agreement.

The agreement stated that I would not disclose company practices to others, and that I would not work for or start a similar business within a 500 mile radis.I told them that it was a bit unfair not to be unable to work for a similar company, so they removed that part.

I felt pressured into making the agreement, but now want to do what the agreement stated I would not...start a similar business, although using none of their proceses.

If my girlfriend (soon to be wife,whom I live with) starts the business, am I in breach of the agreement.

The business is a small service company and I am based in a different county from my employers.

Many thanks

Asked on 9/19/07, 7:31 pm

3 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

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Re: Confidentiality agreement

From what you describe, it sounds like you'd be OK, but you really should consult a lawyer who can review the confidentiality agreement, etc., just to be sure.

The fact that your girlfriend/spouse is the owner of the company is unlikely to change your prior employer's view of the situation... if they feel you've breached your agreement, they're likely to sue you.

Get your legal ducks in a row before embarking on this venture...

Answered on 9/22/07, 12:04 am

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Re: Confidentiality agreement

There are several issues that you have raised in your question. The original "confidentiality" agreement appears to have also contained a non-compete agreement.

Traditionally non-compete agreements are not enforceable in California. However, there are certain obligations that you have that you are not permitted to do in your new business such as using confidential information from your former employer. This would include customer lists belonging to the former employer.

Before starting your business you should consult with an attorney to discuss your options. I have seen former employees sue former employees over similar things.

Caleb

Answered on 9/19/07, 7:36 pm

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