Are you starting a competing business?

If you are planning to leave your employer in North Carolina to start a competing business, there are several legal considerations you need to keep in mind. These include:

1. Non-Compete Agreements: Non-compete agreements are common in North Carolina, and they can restrict your ability to compete with your employer for a certain period of time after you leave. Before starting your own competing business, you should carefully review any non-compete agreement you may have signed with your current employer to ensure that you are not violating it.
2. Trade Secrets and Confidential Information: Your employer may have proprietary information and trade secrets that you may not use or disclose in starting your own business. This may include client lists, product designs, and manufacturing processes. You need to be sure that you are not using any confidential information that belongs to your employer in your new business.
3. Intellectual Property: If you developed any intellectual property while working for your employer, such as software or product designs, you need to ensure that you have the right to use them in your new business. This may require obtaining permission or licensing from your employer.
4. Solicitation of Customers or Employees: If you signed a non-recruitment or non-solicitation agreement, you may be prohibited from soliciting your former employer’s customers or employees for a period of time after leaving. You need to be careful not to engage in any activity that could be considered solicitation, such as contacting former customers or employees to lure them away from your former employer.

It is important to consult with an attorney who is knowledgeable in employment and business law in North Carolina before starting your own competing business to ensure that you are not violating any legal obligations you may have to your current employer.

Are you starting a business which is unrelated to your employer’s?

If you are leaving your employer in North Carolina to start a business that is unrelated to your employer’s, there are still some legal considerations that you need to be aware of. These considerations include:

1. Non-Disclosure Agreements: If you signed a non-disclosure agreement with your employer, you need to be sure that you are not using or disclosing any confidential information that you may have learned during your employment. This includes trade secrets, customer lists, marketing strategies, or any other information that may give you an unfair advantage in your new business.
2. Non-Solicitation Agreements: Your employment contract may also include non-solicitation agreements that restrict your ability to solicit your former employer’s clients or employees for a certain period of time after leaving. Be sure that you are not violating any such agreements.
3. Intellectual Property: If you developed any intellectual property while working for your employer, you need to ensure that you have the right to use it in your new business. This may require obtaining permission or licensing from your employer.
4. Employment Contracts: Your employment contract may include provisions that limit your ability to compete with your employer after leaving. You need to carefully review your employment contract to ensure that you are not violating any of its terms.
5. Business Licensing: In North Carolina, you need to obtain certain licenses and permits before starting a business. Make sure that you comply with all the necessary requirements to avoid any legal issues.
6. Conflict of Interest: If you plan to start a business that competes with your employer’s, even if it is unrelated, there may be a conflict of interest. You need to ensure that you are not violating any ethical or legal obligations you may have to your current employer.

It is important to consult with an attorney who is knowledgeable in employment and business law in North Carolina before starting your own business to ensure that you are not violating any legal obligations you may have to your current employer.