QUESTION

If I never signed a contract with an employer can he sue if I started my own company that indirectly competes with his?

Asked on Feb 16th, 2016 on Business Law - Nevada
More details to this question:
He sent me a cease and desist text even though I do not directly compete or talk about his company. I think he is just upset I left as I was the main reason the company did well(sales) Does he have grounds to sue?
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2 ANSWERS

Health Care Attorney serving Reno, NV
1 Award
Based on the information provided, it does not appear that your former employer may sue you successfully for starting your own company as long as you are not using trade secrets of the former employer or engaged in other conduct that violates some duty you may owe to the former employer. Of course, your former employer may sue you--it is simply a question of whether you will prevail. And without knowing all of the facts, it is not possible to definitively answer your question. 
Answered on Feb 18th, 2016 at 10:21 AM

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Appellate Practice Attorney serving New York, NY
Anyone can sue, but, assuming that you were just an employee and never an owner of your former employer, did not use your former employer's resources to start your competing company, have no valid agreement not to compete, and are not using trade secrets belonging to your former employer in your new business,  you have every right to compete using lawful means.
Answered on Feb 17th, 2016 at 11:56 AM

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