Legal Question in Business Law in New York

i have accounts but my boss wants to keep them for himself

i have been in the limo business for 20 years and i have established accts on my own and i went to work for this limo company and i quit my job and i want to take my accounts with me and the owner

basically threatened me what do i do with my ex boss


Asked on 11/12/06, 7:00 am

1 Answer from Attorneys

David Simon Hogan & Rossi

Re: i have accounts but my boss wants to keep them for himself

You need to consult with an attorney who practices in this field for the most appropriate advice. Generally speaking, if you had these accounts before you went to work for the company, you can leave with them. But if you have some sort of employment agreement or other agreement with a non-competition covenant, or non-solicitation provision, an ex-employer may seek to enforce it. Even if you are legally entitled to take those accounts with you, employers will typically sue anyway to send a clear message to all their other employees that this type of conduct will not be tolerated - otherwise, other ambitious employees may try to leave and take accounts with them. You need to see an attorney and bring all documents with you, and then decide how you want to play it out. You have an option of playing offense or defense. You can sue for a court to declare your rights, or you can wait and see if your ex-employer sues you. The existence of any non-competition agreement is a major consideration, because if there is such a document, you must consider that the company may commence an action with a temporary restraining order preventing you from doing business for a week or until a hearing can be held, and that could leave you in a very bad position. In other words, if there are documents upon which the employer can make a colorable argument, the better chance they will take action to sue you because even restraining you from work for a week or a month will put more money in their pocket.

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Answered on 11/13/06, 10:01 am


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