Legal Question in Business Law in Massachusetts

Contractual interference and non compete

Left old firm in March. Specialized consulting firm. Was there 9 years.

Conditions got bad including owner developing bad substance problem. Took

no info with me nor did I contact any accounts about my intentions. Started

own firm and many of the accounts switched to my firm. They did this based

on the merits of my programs and my relationships with them. I did not have

a non compete. I did take one employee with me. He was quiting and I offered

him a position. This was a week before I left. Ex boss called ranting about

suing, getting an injuntion, saying legal terms like ''interfering in the

contractual relations of his firm, etc. Says if I call any more of his accounts he

will sue. I'm wondering if I'm in a bad position or not. I'm not out spreading

lies about him as he claims. I also left all of my accounts in good standing

when I left along with all info pertaining to the accounts. any help would be

appreciated since one of his larger accounts is about to switch this week.


Asked on 6/12/04, 10:19 am

2 Answers from Attorneys
Len Foy NH Residential Title & Escrow

Re: Contractual interference and non compete

Hi -

This case sounds like it has some complexity to it - what I can offer you is a free consultation to sit down and discuss the matter with me at my office in Methuen, Mass.

My name is Len Foy and I'm an attorney with Gould & Gould, with offices in Londonderry, NH and Methuen, MA. Feel free to call our main office at (603) 434-3437 to schedule a consultation if you are interested.

Regards and Thanks for Writing -

Len Foy

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Answered on 6/12/04, 11:19 am

Re: Contractual interference and non compete

Your case is a little more complex than I can fully answer at the moment.

However, a company can file a suit for business interferance for a for employee stealing clients by using confidential information wven without a non-compete. However more facts than you have porvided here are required to adequately answer your question.

Just as an example, how far is your office from your former employer; what is the nature of each of your companies services-are they essentially the same or soemwhat different; how long has it been since you worked for your former employer;

this is just a small sample of the facts that need to be examined.

Feel free to contact me for a free initial consultation.

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Answered on 6/13/04, 7:11 pm


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