Legal Question in Business Law in Florida

opening a business

I have worked for a company for seven years and have since left there to start my own business. Can my old boss sue me for opening my own shop. It would be in direct competition with theirs also the same type of website for e commerce.


Asked on 11/13/07, 5:21 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: opening a business

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Anyone can sue anyone in the State of Florida. The better question is whether or not he can either collect damages or get an injunction to stop you from competing against him.

This would be dependent upon many factors. The first, and most important, is whether or not you ever signed a non compete agreement. If so, he may be successful in having your business shut down at least temporarily until the case is decided on its merits. Second, did you take any trade secrets with you and use them in your new business. Third, did you "borrow" any confidential information from your employer? These are just some of the considerations that should be reviewed with a qualified attorney to avoid a legal action against you and/or your new business.

Scott R. Jay, Esq.

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Answered on 11/14/07, 12:04 am
Michelle Hofkin Law Offices of Michelle Hofkin

Re: opening a business

I agree wholeheartedly with the previous two postings by my peers. However, there are more issues to be considered, such as: if you did sign a non-compete, is it valid? These types of questions will need to be carefully evaluated by an attorney.

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Answered on 11/14/07, 1:47 pm
Stanley Miller Stanley M. Miller, P.A.

Re: opening a business

Just having worked for someone does not prevent you're going into competition, absent other factors such as a non compete agreement. As far as the website, be very careful and develope your own.

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Answered on 11/13/07, 5:54 pm


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