Legal Question in Employment Law in Massachusetts

The answer depends on the terms of any applicable employment agreements, controlling handbooks/policy manuals, etc. You would want to be sure there is nothing the employer could enforce against you prior to setting up shop in competition.

I strongly recommend retaining a lawyer to help you through this process. If the employer truly has no enforceable rights, you may well be able to compete against it, but inviting litigation against you without knowing for sure is risky. Often the losing party in cases like this can be held responsible for paying the other side's attorneys' fees. So tread carefully.

Give me a call directly to discuss in more detail if you see fit.

Congratulations on striking out on your own. Now would be an excellent time to get to know and build a relationship with an attorney.

I agree with the previous attorney that the answer depends somewhat on any agreement(s) between the parties, and what each of you promised to do or not to do. I can't think of how a confidentiality agreement would act as a non-compete.

There are always potential risks when leaving a company to perform the same substantive work - you are now the competition. Did you take a list of customers? Did you take any formulas used for revenue, etc., from your former employer? These are things you want to discuss before diving in.

Good luck, and feel free to give a call if you would like to schedule a consultation.