Many Virginias are planning to be their own boss some day. Can you imagine the following scenario?
While at the beach with family, a young man finally has time to imagine what it would be like to own his own business. He needs a pay check, so he can't quit his job yet. Instead he carefully begins his plan, quitely telling friends, family etc., buying domain names, filing papers with State Corp. Commission etc.
At a conference he tells a customer about his plans. He is excited, and can't wait.
Finally, in September, with all of his ducks in a row, he quits and starts his own business.
Within days he is served with a 200 paragraph lawsuit alleging breach of fiduciary duty, breach of contract, Virginia Trade Secret Act violation, tortuous interference of contract, etc.
Please advise your clients there is a better way.
1. Have your employment contract reviewed before you make plans / quit.
2. If you do not have a non-compete (or one that is overbroad and you don't mind the risk of litigation) quit before you plan your new venture.
3. Tell clients about your agreement and make sure they know you cannot help them for a period of time.
4. Keep your mouth closed. Do not say anything negative about your former employer or their ability to serve clients.
5. Try to stay on good terms.
If they need more specific advice on how to avoid getting sued this summer, call us. We are happy to help.
