Lawyers on this board, Willing to Advise?

[jcc911]

I am curious to know more about the legalities of an individual possibly leaving his/her employer to start his/her own business in the same industry.
Especially as it relates to direct competition.
I have heard of the Uniform Trade Secrets Act, but how does an individual start a business if this act were to prevent every individual with some process knowledge from doing so?

[Eric Coffey]

Did this individual sign an NDA and/or CNC (non-compete) initially? If not, I say former employer has little recourse (unless new business infringes on trademarks/patents/intelectual property/etc.)

Of course, CYA, consult with attorney prior, blah, blah...

[lowyder993s]

I had to do this after 3 different employees went out on their own...now EVERYONE signs NDA agreements as a course of employment. You should see 1 guys website...near VERBATIM to ours. Ours is copyrighted, should sick a Dueller on him just for the F of it.
If your're going out on your own...at least have an original thought as to how you're better than the competition. I'm so sick of dumbass customers saying these guys are just as good as us since they worked for us. They only copy our business model. DON't do that, very lame!!!

[jcc911]

I will have their file checked. Usually it is common practice in our industry to sign both of these, but in this case I am not sure it was performed.

[JeremyD]

Depends on the state too - laws differ drastically even if NDA and CNC are executed.