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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Exclamation Ex-Employer Threatening Lawsuit

    A non-compete of any kind was not signed with Company A. I left Company A to go work for Company B, who is a direct competitor of Company A. I got an email from A's attorney threatening to pursue legal action against me unless I immediately respond in writing that I will not work for Company B. They state that since B is their competitor, I will inevitably divulge trade secrets.

    Our state does have a Trade Secret statute and in reviewing this statute, I cannot see that it applies to me. The nature of my job did involve confidential information, but:

    1. I have not divulged any of that information, nor do I intend to, and
    2. Divulging that information is not a requirement of the position with Company B, though my job title and functions will be identical to those at Company A.

    So in essence, they are demanding that I not work for B, because I will undoubtedly leak secrets if I do.

    Any advice? An attorney has been contacted but it will be a few days before I hear back anything.

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Employer Threatening Lawsuit

    As you were told when you posted, and as you obviously know, laws are different in each state. As you chose not to tell us what state's laws are involved, you leave us with the ability to do little more than advise you to consult a lawyer in your state.

    Your former employer doesn't have any basis to compel you to sign an agreement not to work for company B, but they could potentially bring a lawsuit if you take a job with company B, based upon the full facts of your case and the laws of your unknown state.

    Perhaps Company B will run the issue past its lawyers.

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