Ask HN: Former Co-Workers Jumping Ship?

4 pointsby powdercakevor 17 Jahren8 comments

I recently resigned from my job and at my former place of employment, there are two co-workers who would like to "jump ship" from the company and join me in my new venture as co-founders. They don't see a future with that company and do not want to be a part of it any more.

I have not asked nor pressured them to make that decision, though these individuals are people whom are talented and whom I respect and who I think I would be blessed to have as co-founders.

My question is, could this open up legal trouble for me? My former boss is someone who is likely to get on the phone with his lawyer as soon as he hears the news (if they do proceed to join me) and could have the desire to cause trouble.

What are everyone's thoughts?

Disclaimer: I'm aware that you guys/girls aren't lawyers, I'm just looking for some insight and maybe some thoughts on situations like this that you've seen before. (And if you are a lawyer, even better!)

4 comments

brkvor 17 Jahren

In most states in the US an (ex)employer is going to have a very difficult time preventing someone from seeking work, regardless of what contracts or agreements are in place.

Of course, you can chew up a lot of legal dollars in the mean time proving your case.

If you really want to pursue this... An employee is not obligated (in most cases, IANAL, etc...) to reveal their reasons for leaving their present employment. Your potential co-founders could simply resign to "pursue other opportunities" and leave it at that. Since it it unlikely you are going to put out a press release upon their employment with you, simply have them leave LinkedIn and other job status tracking accounts unupdated. By the time it is obvious where they have landed your previous employer will likely be well beyond the shock and outrage phase.

alanthonycvor 17 Jahren

Good advice, but still be prepared for trouble, if your former employer can be capricious in that way...especially if your new venture is in any way related or similar to your former employer's.

mbowcockvor 17 Jahren

Not a lawyer but - most likely there is no legal recourse for your former employer - but it sounds like you'll be burning some bridges - although thats probably not a concern. I would think the biggest issue would be if the new venture were in a related field to your old job. If the work is related - there could be claims of stolen work, trade secrets, etc.

Edit: Although there may be no legal recourse - it doesn't mean a spiteful boss couldn't cost you significant time and money trying.

mrduncanvor 17 Jahren

A lot depends on the details of the situation. Would this violate any non-compete agreements that they have signed? Also, what state are you located in (I'll assume your old company is in the same state also)? Non-compete enforceability varies widely from state to state.

I'd definitely recommend discussing this with an actual lawyer. They are going to be able to much better advise you on what your rights are.

Stasyanvor 17 Jahren

Check your contract, and ask them to check theirs. My contract, for example, says that I am not allowed to have any kind of work relationship with a person who was employed by the company at the time when I quit. In situation like yours, I'd be screwed.

mbowcockvor 17 Jahren

Employers have employees sign all types of agreements when they hire them but I believe many of them can challenged in court. A lot of non-compete agreements don't hold up.

Stasyanvor 17 Jahren

Maybe they would not hold up in the court. If you could afford it though. I don't think when you are starting a startup, the first thing you want to do is go in court and battle against a company that has much more money to spend on lawyers than you do.

evgenvor 17 Jahren

This is especially true to the company wants to make an example of you "pour encourager les autres." If the risk is worth it then I would second the recommendations made by others to minimize the online (and offline) links between all of the co-founders for as long as possible. Wait as long as possible to incorporate, etc. While it sounds a bit "sneaky" you can also engage a confederate or two to call the boss asking for job references on these co-founders to make it seem like they are actively engaged in seeking other jobs; a casual coffee at the office next month with old co-workers and a well-placed "So what is <insert name here> up to? Do you know if he found anything?" could even lead to your old boss thinking that he set them up as your co-founders :)