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I signed a Confidentiality and Non Disclosure Agreement with…

I signed a Confidentiality and...

I signed a Confidentiality and Non Disclosure Agreement with my current employer a few years ago. Now I want to start my own business within the same industry, also offering products and services in the same genre, but uniquely mine. I would not be using any proprietary information, formulas, contacts, clients, etc from my current employer. I plan to start fresh and use only my own knowledge or public knowledge. I may need to start it part time while working for current employer. Is this okay? (I am in **)

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Answered in 5 minutes by:
11/2/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,265
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 9 months ago
take your time. Would it be helpful for me to send you a PDF of the Agreement?

Thanks so much for your patience. Generally, it is legal for former employees to compete directly against their business as the law does not restrain this kind of activity. However, employers and employees can sign an agreement such that the employee agrees to not compete with the employer if the employee should leave the company. In the absence of a non-compete agreement, an employee cannot use teh trade secrets of their former employee to their advantage going forward as the employee could risk criminal prosecution. In your case, if you are simply acting as a competitor, and you have not signed anything stating that you would not compete against them, and you don't use any proprietary information, then you'll be fine. The confidentiality and non-disclosure agreement won't prohibit you from doing this.

What other questions did you have for me?

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Customer reply replied 9 months ago

Thank you! I am looking over the Agreement and am not sure if it directly says I can't compete. I also thought ** is a right-to-work state and I have heard that non-compete Agreements aren't legal...?

Customer reply replied 9 months ago
I also have some questions about a New Employee Agreement my current employer presented me with that has some changes to how I get paid and my job role. If I call you can I ask those questions as well?

hello, yes, if you have more specific questions, I would probably recommend that you request a premium service. It'd be worth your $ for sure:-)

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Customer reply replied 9 months ago
I will call!

Cool. I just submitted an offer to you.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,265
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 9 months ago
I am adding the files now

Hi, go ahead and enter your contact info. I'll call you in approximately 30 minutes.

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Customer reply replied 9 months ago

Here is the Confidentiality and Non Disclosure Agreement. The current employer has a website with a ton of public knowledge on it, **********, so the current employer doesn't have a lot of info that is proprietary.

Hi, just a moment...

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Customer reply replied 9 months ago
Here is the New Employee Agreement they gave me Oct 27. I have not signed it. I have a few concerns about it. Which I will type in the next window so you get this PDF now
Customer reply replied 9 months ago

My phone is **********. Thank you, *****

Thank you! I'll call soon.

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Customer reply replied 9 months ago

**********

*****,

Let me summarize what I had said very briefly so it's easier for you to digest.

1. The law requires that if you are an hourly employee, you are paid for each and every hour that you work. You cannot market on "your own time" for free. You also cannot be docked pay if you do not complete something within 30 days, but complete it after 30 days. You must be paid regardless.

2. Employers are generally required to ensure accurate time cards. Thus, stating that commissions may not be 100% accurate is notwithstanding and should be removed.

3. Non-compete agreements are generally unenforceable under CO law.

4. You're welcome to solicit patients. Understand this may lead to your termination, but it is not illegal.

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Customer reply replied 9 months ago
Thank you so much! Your counsel have been of immense benefit!

you bet!

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Customer reply replied 9 months ago
Hi Legal Eagle, I want to make sure I am clear that it is okay for me to take client's contact info with me when I leave? For example, is it legal for me to download my current employer's customer list so I could email or call them to let them know about the new business? Or just the clients who worked with me? Or is it only legal to mention it to them if I see them in person? I want to make sure as client's contact info seems so private. Thank you!
I would be very careful about that. You can mention the business to them, but I wouldn't download their information.
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Customer reply replied 9 months ago
Ok, that makes sense. I've always assumed that a company's customer list is very private - not only for the sake of the company but to also protect the customer's confidentiality and privacy. Glad I clarified! Thank you!
You bet
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Customer reply replied 9 months ago
Hi Legal Eagle, do I have any rights in fighting that my employer is reducing part of my wages? They want to reduce my hourly wage for $10/hours per month by 60%. Thank you, Tauna
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