Can I use a similar set of contracts/service agreements as my current company to start my own business?

UPDATED: Sep 30, 2022

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Can I use a similar set of contracts/service agreements as my current company to start my own business?

I work for a medical service provider. I do marketing and provide the service to accounts that we do business with. The information that I was given to market with explains how our accounts are able to collect a portion of what we bill out to insurance. The informaiton is a series of service agreements/contracts.

Asked on August 17, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you use their contracts/agreements as the basis for your own, you will be misappropriating (taking without permission) information or material you only had access to as a result of your employment for your own benefit. That is illegal--information and documents you see as part of work should *only* be used for work--and you could be sued by the former employer for compensation.
That's the law. Practically, they may not find out or notice, or possibly, if they do notice, care. It is a fact that many people use agreements from company A as the basis for agreements they later create or use for company B. That behavior is technically/legally wrong, but is common.

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.

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