post your new business on Linked In within months of leaving your old job
or
Friend your old customers on facebook
or
Create a new website that talks about all the work you can do
or
Email old clients your new Contact Information
or
Have a meeting and tell your old colleagues you are leaving and opening a new business in competition with your current employer
or
Take Client Lists
or
Any of the above.
Unless or until:
1. You have a release from your non-compete;
and
2. The above actions have been specifically sanctioned by your old employer;
and
3. You have $30,000 in the bank to pay for attorneys fees for when you get sued.
All too often people assume that if they aren’t being sued right away, or they don’t have a non-compete, that there are no legal consequences to their actions.
The following is true under Virginia law:
1. You can get sued and not have an employment agreement
2. Customers can be deemed trade secrets
3. Talking to customers can be deemed Business Conspiracy or tortious interference of contract
4. Posting online could lead to litigation
So Please don’t… do any of the above without getting professional advice.
Lauren Ellerman
Lauren Ellerman helps business professionals throughout Virginia plan an exit strategy and avoid litigation. To speak with Lauren about your employment contract, email her at lellerman@frithlawfirm.com.
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Peggy C.
