Legal Question in Employment Law in Florida

Establishing new employment after corporate buyout

My husband's company was recently bought-out by another company. We are expecting that he, along with many others, will be terminated with a severance package. Several of them are considering starting their own company to provide services for clientele of the past employer, as well as, new clientele. Our question: if they are not asked to sign an agreement, is there any law to prohibit them from doing so? Can the former employer retaliate in any way?


Asked on 8/10/01, 2:59 pm

1 Answer from Attorneys
Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: Establishing new employment after corporate buyout

Florida law prohibits apropriation of trade secrets, whether there is an agreement or not. "Trade secrets" is broadly defined, and can include customer lists. It is a good idea to closely examine the proposed new business and what use will be made of the trade secrets of the former company.

Unlawful appropriation of trade secrets is a third degree felony. In addition, the former employer could recover damages in a civil action.

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Answered on 8/13/01, 5:09 pm


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