QUESTION
Would starting a company like this be legal? The following is an email (the important parts) from a friend of mine.
Asked on Feb 23rd, 2012 on Business Law - New York
More details to this question:
So I happened upon a gold mine today. This company came to a job fair I went to two weeks ago. Two friends of mine had already worked there in the past and I knew about the scam they were pulling. They
hire "dumb" college kids as interns and don''t offer them any money for the job. Well, its illegal to not pay employees minimum wage in NYS. So I got the job and went in today for my first day. They fumbled around at first, but eventually offered me 1500$ to make an architectural/engineering kit. Technically this is a private contract.
They never made me sign a non-disclosure agreement for the company and gave me access to their entire online dropbox of files. So, I downloaded every single one of their files and emailed them all to myself. This included: CAD files for every product they make, instruction manuals for installing the products, manufacturing details for every product, all company marketing information and much much more. Everything we need to start our own similar company.
2 ANSWERS
Corporate Law Attorney serving Boca Raton, FL
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The files you downloaded were given to you in confidence in connection with your work responsibilities. You did not sign an NDA or a non-compete, so you are free to compete with them, but not to steal their forms....
Answered on Mar 14th, 2012 at 12:12 PM
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Theft of trade secrets is not only a crime but will leave the perpetrators liable for civil claims, including injunctive relief, and actual and punitive damages. The fact that there is no non-disclosure agreement does not vitiate the employee's duty not to use his employer's confidential business information in a competitive enterprise.
Answered on Feb 24th, 2012 at 9:35 AM