Legal Question in Legal Ethics in California
Change of employment
I am leaving a company that I have worked for as a sup't for 4 years. I am forming my own company. I intend to do work for a client that my old company now works for. I am the only sup't that has ever worked on any property owned by this client. The client wants me to do their work. I would not work on any projects that have been bid on or even seen yet by anyone from my present company including me,only new projects. I have never signed any agreements with my present employer. Do I have any legal problems with my existing employer? Am I violating any trusts or laws? Will my employer have any cause to take any legal action against me?
1 Answer from Attorneys
Re: Change of employment
Nothing you have described causes me any heartburn, but here are some guidelines. Until you leave you current employ, you can prepare to compete but you cannot compete. While you can do things like set up a website, get your business cards, sign a lease for new office, you cannot solicit your customers or announced your intent to leave while still in your current position.
AFTER you leave, you can announce your new venture, solicite customers, hire employees away, etc. You cannot take confidential information. You can't take your rolodex with you or other property of your current employer. You CAN use the knowledge in your head to compete.
Do NOT tell customers you are planning on leaving. Do NOT tell your coworkers you are leaving. Do these things after you have left.