Legal Question in Business Law in Illinois

Starting own company. Can I take current clients with me?

I currently run a division for a service-oriented company. Recently, a client of mine has offered to help me start my own company by exclusively giving me all of his business (which currently accounts for approximately 1/10th of my divisions business, as well as any new business he can send my way). I have never signed any ''non-compete'' agreements with my company and am wondering what the legal remifications would be by taking business away from my current employer. The contracts which were signed between my current employer and my client are only an agreement of price and terms and there is absolutely nothing stating that the client cannot take their business elsewhere.

Can I be sued for taking this current business along with me when I leave?


Asked on 7/02/01, 10:40 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Starting own company. Can I take current clients with me?

Your question is too complex to be answered adequately over the internet. There are simply too many facts that I would need to know, and too much advice I would need to give you. The law imposes duties, even in the absence of a non-compete agreement, on all employees and other agents of others, too many to describe properly here. In short, there is no easy answer to your question. However, the advice I can give you is that before you take any action you should consult with an attorney directly about the details of your prior employment, and your future plans. Feel free to call me if you wish. Larry Stein. (630) 221-1755.

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Answered on 7/03/01, 11:54 am


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