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John, Attorney
Category: Business Law
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Experience:  Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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Hello, I have started a one-person LLC company, but it is still

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Hello, I have started a one-person LLC company, but it is still in the preparatory phase (i.e. it hasn't officially launched or drawn any revenue yet). Because the preparatory phase is taking longer than expected, I need to find work elsewhere to draw an income until I am ready to launch.

I would most like to work at a company in the same industry as my own LLC, as that's where most of my professional experience is. However, I'm worried about the legal ramifications of this. If the company I work up ends up being one of my competitors down the road, can they then sue me for "corporate espionage" or retroactive "conflict of interest" or anything like that? Of course, I have no intention of stealing any of their ideas, it's just that my experience makes me a good match for this kind of job, and would draw me a better salary than if I worked outside the industry.
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.

Assuming you a) don't steal their ideas, b) spend your on-the-job hours devoting your time exclusively to them/their projects, then I don't foresee a problem. You'll also have to closely review any proposed contracts/restrictions they place on you during and post employment. Some contracts require you to assign any invention (not just ideas you come up with on their time but your own time as well) to the employer. California does not enforce non-compete agreements post-employment, but you'll want to be clear that you are able to use your (personal/ non-employer) ideas after you quit. Further, be sure not to even use any of the employer's materials, facilities etc. when developing ideas for your business venture; don't let there be a question of whether you did the work on your time with your resources. You may even want to keep a log of what you are doing on your own projects and when, which is super anal, but may protect you in case a dispute ever arises.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 3 years ago.

Great, that's the answer I was hoping for. :) Thanks so much.


You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with your future employment and business venture.

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