Legal Question in Business Law in Ohio
If I start my own medical billing company and quit my job, can my current employer for whom I do medical billing sue me if my business doesn't compete with his business?
2 Answers from Attorneys
Dear Concerned: Anyone can sue anyone or anything. It has been jokingly stated among Attorneys that anyone can even sue a ham sandwich!!! However, proof and winning is aniother matter.
If your new venture is non-competetive, and you have not attempted to "steal" or serve any of your former employer's customers, it is highly unlikely your former employer could prevail in any claims against you.
Everyone is entitled to make an honest living, period! But, to be safe, please consult and retain an experienced Attorney to advise you, especially in forming your new venture, using an LLC or Corporation, or other legal device, as "insurance", to shield you and your personal assets against any potential claims or lawsuits. Don't be intimidated!
Good luck. God Bless..
J. Norman Stark, Attorney / Architect emeritus
Cldeveland, Ohio
Emsail: [email protected].
I concur with Mr. Stark. The first question is, what if any agreements did you enter into with your current employer, especially as it relates to non-compete and confidentiality agreements. There are a number of issues in play, and you will be well served by retaining an experienced business attorney to discuss this. Additionally, they will be able to assist you in ensuring your business is set up properly from a legal perspective, and assist in drafting documents to ensure your future employees don't head off on their own to compete against you without your permission.
e-mail: [email protected]
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