QUESTION
Will I be sued for becoming a consultant if my last job had me sign an NDA?
Asked on Jun 17th, 2020 on Breach of Contract - Pennsylvania
More details to this question:
I was reached out to about becoming a cannabis consultant for a consultant firm who has a client requiring information about the industry, as I have previous cannabis laboratory experience. I was told that it was just be talking about general information regarding to the types of cannabis products, and I cannot reveal any confidential information (which I have no intention of doing). In my last position, I signed an NDA. If I take this consultant position and am marketed on their website as a cannabis consultant, can I be sued by my previous company, or am I allowed to be a consultant?
1 ANSWER
Anyone can be sued by anyone, the question is whether the claim has merit. There's no way to determine whether your NDA allows you to be a consultant without reading the contract, and even if it does prohibit consultancy such a clause may not be legally enforceable. Restrictive covenants in employment are viewed skeptically, and generally are not enforced unless the employer can show that they are no broader than is necessary to protect the employer's legitimate business interests
Answered on Jun 18th, 2020 at 1:18 PM