Legal Question in Technology Law in Alabama

non compete clause

I am a contractor for a software company and I am planning to go do some independent consulting to some of their clients when my contract is finished. I am worried that they may come after me and say that I am stealing there secrets. My question is; am I safer as a contractor in my position with the current company or a contractor?


Asked on 1/22/03, 2:07 am

1 Answer from Attorneys

Steven Hill Steven A. Hill, Attorney at Law

Re: non compete clause

We really need to look at the langauge of any non-competition/non-solicitation clause in the agreement (if any) that covers your work. An attorney in your state can tell you if or to what extent it is enforceable. Generally, you won't be stopped from earning a living in your profession, but you will not be allowed to take potential business away from the folks who may have introduced you to the prospective clients. Certainly, you won't be allowed to profit from information that others own.

Another consideration is the kind of information that you have, and whether disclosure is "inevitable" by you, whether you wanted to disclose it or not.

You may want to have an attorney in your state review the facts and the law with you. The current company is likely to find out, and likely make noises about it, regardless of whether they have a right.

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Answered on 1/22/03, 11:42 am


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