Legal Question in Business Law in Georgia
I work for a cleaning business, but I am getting ready to go out on my own. I have several clients that want me to go out on my own. The lady that owns the business has sued another employee for taken business away from her. I have not signed any non-compete clause with her. I live in Georgia, but we do business in the North Carolina area also. Can she come after me for taken a few of her clients.
1 Answer from Attorneys
Maybe. While your employer would have a stronger case with a written agreement, your posting your plans on the internet has shown planning while still an employee and puts you in serious legal jepoardy. Since your post will be accessible to your employer, you just made a bad mistake.
In some cases, in Georgia and other states that have passed the Uniform Trade Secrets Act, theft of the customer list and other information may be actionable (some cases say it's not; the answer is dependent on detailed facts you should NOT post on the internet - and your posting THIS post on the internet has created evidence your employer can find and use against you - you should be talking about this privately with your lawyer).
Additionally, if you take the lists off a company computer, the federal Computer Fraud and Abuse Act (CFAA) could result in your criminal prosecution.
Other possible grounds to sue you: Tortious interference with contract (a claim that an employee improperly sought to interfere with a contractual relationship between a company and its client) and Theft of business opportunities (a claim that an employee came into receipt of a business opportunity while working with one employer, but instead of pursuing that opportunity with and for the benefit of his current employer, he instead diverted that opportunity for his own benefit).
Given the potential legal fees and penalties, and that yoou have worsened your situation by posting your intentions on the internet, I suspect most lawyers would tell you that your plans are risky.
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