Worried about leaving company to start another company...

[screeps]

What is the name of your state? Utah

I'm worried about leaving my current company to start another company. I have 3 of my co-workers who do not like their jobs and we would like to form our own company and leave this company. The new company we would form does not have any conflicting interest with the current company. Some of the people at my company are afraid to leave because of "Collusion"...I don't know what that means, but they say the company would turn around and take us to court for forming our own company and leaving. To my knowledge none of us have signed any agreement forbidding this. Do we have anything to worry about? Are their things we should look out for?

Thanks.

 

[pattytx]

Since the new company you want to start would not be competing with the old employer, I don't see any problems for you. And having some of the existing employees of the company would not be any different than your going to work for another company and then recruiting those people to come to work for you.

As long as you haven't signed anything prohibiting this, which most likely would not fit in a "non-compete" or "conflict of interest", I don't see an issue. But I will admit this is not my area of expertise, so I'm sure Beth or cbg (or someone else) will correct me if I'm wrong.

 

[cbg]

I don't see a problem either.

It would be one thing if you were forming a company that would be in competition with your current employer, and it would also be different if you had signed a non-solicitation agreement in which you agreed never to hire any of your co-workers. But under the circumstances you've described, I don't see where there's an issue.

The only time any employer I ever worked for had a problem with an employee leaving to start their own business, the employee was doing so with the explicit intention of forcing the current employer out of business (at least in that particular market) and was foolish enough to say so in writing (I know that for a fact; I saw the letter myself). Ever other time anyone I've ever worked for has lost an employee due to the employee's desire to go into business for themselves, it's been, good luck and let us know if there's anything we can do to help.

 

[screeps]

Great. This helps. Thanks for your help.

 

[Beth3]

I agree. I don't see any problems. Good luck with your new business venture.