Legal Question in Business Law in Massachusetts

Non Compete Agreements/Trade Secrets

I was employed by a MA company and signed a non-compete agreement that states MA law would be prevail. The non-Compete was for one year and I have been out of the business for eight months. My former employer is in a lawsuit with a competitor for trade right restrictions. I know the owner of the competitor company because we were friends and worked together at another company fifteen years ago and used him on my resume for my current company as a reference. My former employer found out that I used his competitor as a reference and called me on 12-22-06 to tell me that he is thinking of suing me for trade secrets because I used this persons name and he thinks that I was taling to him all the time I was employed with him. I informed my previous employer that I only used this other person as a reference because I considered him a friend and I was never in contact with him during my employment with him. Does my former employer have a case for a trade secrets lawsuit against me? And secondly, after my one year non-compete does expire, can I enter the market again without the fear of a trade secrets lawsuit against me again? I would appreciate any help that I can get on this situation. Thank you.


Asked on 12/27/06, 12:56 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Non Compete Agreements/Trade Secrets

Any one can sue.

I think there is nothing wrong in using a name, as long as you met the conditions in the agreement.

Even if he sues, what are the damages. What can he prove when you did nothing to violate the agreement.

A none compete is different than the issue of trade secrets. Is there any agreement that discusses the disclosure of such information?

Contact me if you wish.

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Answered on 12/27/06, 1:47 pm

Re: Non Compete Agreements/Trade Secrets

A non-compete means you can not go to work for a competitor for a period of time. Moreover, you would have had to sign the agreement at the time of hire or as a result of separate consideration if done after you were employed.

Disclosure of confidential information and trade secrets is another kind of issue. It means you gave confidential information to someone. Your former employer will not only need to prove you gave the gentleman information but he has been damaged by it.

Without seeing the agreement in question, no one can give you any guidance. I suggest you contact an attorney if your concern is real. If I were your former employer, I would want to cultivate you as a witness not threaten you as a former employee.

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Answered on 12/27/06, 2:09 pm


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