Legal Question in Business Law in Massachusetts

business/competition

I was working as a graphic designer for a company. I quit that job, and was later contacted at my home, by one of their clients, which was my main source of work while I was there. This client of theirs asked me if I would work for him on my own, from home. I agreed, and now I am starting up my own design business. Never having had a written contract with the company I was working for, am I in any danger of being sued, for ''stealing'' their client. It's not like I went out of the way to do so.


Asked on 7/25/07, 3:38 pm

3 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: business/competition

As others have noted, it is unlikely that there would be a problem, in the absence of any special circumstances.

While the company could threaten, it is questionable whether they would succeed under the circumstances you describe. However, if you do get a letter from them, you certainly could engage an attorney to send a nasty letter back.

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Answered on 7/26/07, 1:33 pm
Lawrence Graves Coolidge & Graves PLLC

Re: business/competition

If the facts can be proven to be as you describe, then you have done nothing wrong and should not be held liable in any court action. This does not mean that your former employer may not at least send their lawyers to make your life miserable -- they may back off once they come to the conclusion that there is no liability, but the employer may embark on a punitive course of action to dissuade others from doing what you have done. Sad but true, I've seen this happen before.

Keeping our fingers crossed, best wishes,

LDWG

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Answered on 7/25/07, 3:50 pm

Re: business/competition

If the facts are as you describe them, then you have no liability. This does not mean your former employer will not sue you or his attorney will attempt to make your life miserable.

I am assuming you never signed an employment agreement with a non-compete provision or non-solicitation provision or a confidentiality agreement.

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Answered on 7/25/07, 5:16 pm


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