Legal Question in Business Law in New York

consulting

I am thinking of leaving the company I am with now and stariting my own business same type of business that I am doing now... I wanted to know if its legal before I leave to send a letter to all my customer telling them I am leaving the company and would like them to do business thru me now ...


Asked on 2/26/05, 7:05 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: consulting

Not in New York!!

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Answered on 2/26/05, 9:46 am
Walter LeVine Walter D. LeVine, Esq.

Re: consulting

You may be creating an exposure to a suit against you by your current employer. Did you ever sign a non-compete agreement, non-solicitation or a confidentiality agreement with your employer? You have certain responsibilities to your current employer under common law, not to take their business, when you leave. Basically, you cannot solicit the business created while you were employed there. However, if the customers/clients have developed a relationship with you and decide to continue with you after you leave, voluntarily, you may be OK, unless you have signed some written agreement. I suggest reviewing the situation with a NY attorney familiar with business laws in this area.

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Answered on 2/26/05, 1:38 pm


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