Ex-employer trying to stop me from opening a competing company by saying I was involved in a conspiracy to steal various confidential information

Question Details: I was planning on opening a business with a partner using product on consignment that I received by contacting a former business associate who was no longer dealing with the company. How can my ex-employer force me through law to hand over all my personal information, computers, tax returns, business plans, when I didn't do anything wrong? I left an unethical company that has been involved in many illegal activities that to start my own using the knowledge I left with, how can he just stop it? How can I prove I didn't do anything wrong, should I talk about his tax evasion, etc? Thanks

Asked 9/10/2009 under Business | 440 View(s) | More Legal Topics

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Business Law Answers

If your ex-employer sues you, you may need to hand over at least some of that information during the lawsuit--it is the information he would need (and have a right to request) to prove you did steal, and which, conversely, you might rely on to prove that you did not.

Until there is actually a lawsuit filed in court, however, you do not need to hand anything over. And even after a lawsuit has been initiated, your lawyer will know what is proper and germane for the other side to ask for, and what your attorney should object to.

In terms of defending yourself, if your ex-employer  sues you, HE has to prove you did steal--not the other way around. Technically you don't even need to amount a defense or provide evidence supporting yourself, if you feel his case is so weak--though it's usually a good idea to put on a vigorous defense.

As for your ex-employer's tax evasion--report it to the tax authorities if you feel fairly sure of your facts and believe it your civic duty. It will not impact his attempt to shut you down or your defense of yourself--it's a separate issue.

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