if there was a noncompete in the begining and the original company i was hired under was altered

I was employed and to this date cant recall signing a non compete but when i was hired it was under another company which i signed all paperwork for etc. Years went by and then there was a company that was started up with my boss and they asked me to move under that compnay name etc. I never signed a thing there or changed any paper work on my end having to sign other than my paycheck changing name and ein numbers etc. The company was going down hill and i had the opportunity to start my own company as my old boss stated that he would try to keep things running for 3 more months but if things didnt change he was closing shop. Now he has found out I started my own company and sent me a email telling me he hopes i have alot of money cause i will need it as in a threat to sue. I did obtain most of his old clients after i left but i did not start work on any of his old clients till after i left his company. Does he have anything on me that i may be missing?

1 answer  |  asked Dec 20, 2007 06:33 AM [EST]  |  applies to Georgia

Answers (1)

j kl
Leaving business to start a competing company

I hate to say it, but it depends. From what you have described, it does not appear that you have a valid noncompete barring your starting your own business, but that may not be true if the new company bought the old company and there was some assignability clause in a noncompete you might have signed with the old company. Even if there is no noncompete, it is possible that your former employer believes that you used trade secret information to get his old clients, for which he could have an action against you. Again, this is all speculative, so there's not much you can do other than present all of this to a lawyer to review or wait to see if you old employer takes any action. I hope this information was at least moderately helpful.

posted by j kl  |  Dec 20, 2007 08:54 AM [EST]

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