Legal Question in Employment Law in Georgia
Competing against Current Employer
Recently I've come up with a new Web site idea that could reap great benefits for whomever decides to build such a site. I've recently presented this to my employer for their consideration, however I would like to venture and do something similar, especially if they decide not to do it. What steps should I take to avoid being sued in the future if I decide to utilize my idea? Should I quit and then do it? Can I get started while employed? No non-compete agreements were signed on my part.
1 Answer from Attorneys
Re: Competing against Current Employer
You have at least a couple of issues to think about before taking any action. First, you owe your employer a duty not compete against it while employed. A non-compete applies after termination of employment. So, you should not compete against your employer while employed. Second, if you submit your website to your employer, it may be considered a work-for-hire and become property of your employer. If this happens, you will not be able to subsequently utilize the website without violation their intellectual property rights, unless you get their consent.
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.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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