Legal Question in Business Law in Georgia

Going into business for myself

I currently work for a company as an independent contractor. I have not signed

any documents including a non compete clause. I would like to start my own

version of the company. I sell services for the company on their contracts...My

question is can I contact my customers that have not signed contracts and offer

them my services and a contract with my new company without any problems.


Asked on 2/22/06, 5:48 pm

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Going into business for myself

You are very wise to anticipate problems. You need to consult with a local attorney to spend the time to thoroughly explore all of the facts involved in your relationship with your current employer.

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Answered on 2/23/06, 4:27 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Going into business for myself

It can get tricky, and you may want to consult a corporate lawyer for this and other start-up issues. Better to spend a little money now than risk more later. That said, if you have no noncompete or other restrictive covenant, you may be free to start a competing business. You may even be able to contact potential customers or actual customers of the current employer. However, while you may have knowledge of names and numbers, what is generally not allowed is taking customer lists or other documents of the employer and use that to contact customers. Customer lists are often protected as trade secrets. I'd suggest that if contacts of the current employer are going to be a major part of your business, check it out with a lawyer first.

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Answered on 2/22/06, 6:02 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Going into business for myself

To add to Mr. Riddle's posting, you would be ill-advised to contact potential customers while you are still employed. If you did, they would have a strong case that you improperly used your position to undercut your employer. However, once you have terminated your employment, you are free to compete as long as you are not using proprietary information or trade secrets of your employer.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 2/22/06, 6:30 pm


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