QUESTION
Taking information from previous employer and starting my own business
Asked on Feb 24th, 2014 on Business Law - Florida
More details to this question:
I worked for a company selling computer chips to other companies. I decided to open my own business with my mom doing the same thing. I stupidly emailed company information such as forms, my customers I was dealing with, and a few overseas suppliers from my work email to my personal email. Obviously there is an email trail. Last night I emailed some of the suppliers overseas about opening an account with them for the company I am about to open up. It got back to my former employer which has documented my email trail from the past. He is threatening to sue and press criminal charges if I don't close up shop now. Every employee at my previous employer had access to these forms, customers, and suppliers. I didn't hack into any special accounts to get this information. I am not using the forms in my current business, I made my own versions. Since these suppliers and customers are open to deal with anybody they choose can I be sued or get in trouble criminally for staying in business or taking this information? I did not sign a non-compete or non-disclosure and the business is in my mom's name. My former employer sent me this link in my email to back his claim to be able to sue. See below. http://about.bloomberglaw.com/practitioner-contributions/computer-fraud-abuse-act/ Also, can threatening me and demanding I close shop be a form of harassment? Any advice or information you can provide me with will be greatly appreciated.
1 ANSWER
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If there’s one thing that employers hate most, it’s having employees leave and then compete with them – particularly if the employee uses information/forms/etc. from the company. So, can he sue? Sure. Will he win…well that’s more difficult to answer. This forum isn’t going to work in this situation to get the answers you need. You need to sit down with a business litigation attorney to discuss all of the facts. Even though you don’t have a non-compete, doesn’t mean you’re in the clear. Employers are constantly looking for new ways to enjoin employees from using any information they got while employed to compete with them. And while you may not be using the forms word for word, you are using supplier lists. Now, that said, I can’t say how strong your potential defenses would be, but you very well could have some. You may also have some options that you could exercise in an attempt to come to an amicable resolution with your previous employer. To be absolutely clear, I wouldn’t not advise a ‘wait and see’ strategy; you need to get into a local business litigation attorney’s office to see where you stand and what your best steps may be.
Answered on Feb 24th, 2014 at 10:48 AM