QUESTION

Is there a conflict of interest when trying to create a company based on skills learned and information learned.

Asked on Oct 13th, 2012 on Business Law - Indiana
More details to this question:
While working for a company individuals have learned skills that could be used to create a business that would take some profit away from said company in one location. Is there a conflict of interest if those employees either quit or are no longer employed by the original company? The information learned is how much is charged currently and the individuals figured what the work could be done for to make a profit.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It is not a conflict of interest unless the "individuals" are making a profit using this information on the side while still employed by the business. Once their employment terminates, as a general matter, they are free to compete with their former employer. That is the American way. Lower prices are generally favored by the legal system. Unless the prices in question are literally a trade secret and the company takes appropriate steps to enforce its rights to that secret -- which is rarely the case, since prices aren't generally secret (customers know them) -- merely undercutting the prices charged by a former employer is generally lawful.
Answered on Oct 13th, 2012 at 7:16 PM

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