QUESTION
Can my employer prevent me from approaching their customers to do training and consulting only when I establish my own small business?
Asked on Nov 17th, 2011 on Labor and Employment - Maryland
More details to this question:
I work with a Software company as a consultant, I do implementation and training. The company I originally started with 4 years ago was sold to a private equity firm end of last year.
I typically end up on projects where I am utilizing skills and experience not related to my current employer software, yet it would serve the purpose of the engagement. I am cruelty considering freelancing and establish my own consulting firm but I will be working mostly with my current company customers, and I have fears of being sued for solicitation although I will not be selling competing software, yet I can see that I will most likely be training on the same software my company sells.
1-Can my employer prevent me from approaching their customers to do training and consulting only when I establish my own small business?
2-If I was offered a job by one of my current employers customers can my employer stop me from taking it?
3-How can I find out if I''m subject to a non-compete without raising suspicion?
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
You have not provided enough information for an answer to your question. For example, have you signed any agreement that restricts your right to compete with your current employer after you leave? Were you an owner of the previous business that was sold? Did the sales agreement contain restrictive covenants? What state's law governs your relationship? (that would be stated in the contract. Otherwise, Maryland law will govern.
Michael Caldwell
404-979-3150
Answered on Dec 03rd, 2011 at 1:00 PM