Can I get sued by my current company if I quit and then compete against them?

UPDATED: Mar 22, 2016

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I get sued by my current company if I quit and then compete against them?

I’m thinking of splitting off from the company that I currently work for and compete

against them with what I believe is a better business model. How do I go about

protecting myself from being sued by my current company?

Asked on March 22, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you signed a non-competition or non-solicitation agreement, you can be held to it--don't violate the terms of the agreement.
If you didn't sign an agreement, you may freely compete SO LONG AS you don't use any information or material from the current company, including particularly customer or client lists or any confidential marketing or product information. You can never safely use the confidential or proprietary information of an employer for you own benefit (or the benefit of a new employer), but as long you don't, you can compete as long as you did not sign an agreemen not to.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption