Minneapolis Employment Law Attorney, Thomas Marshall, discusses the precautions one should take when leaving their employer to work for a competitor.
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If you have a restrictive covenant like a non-competition agreement and even though things like other things like you owe your former employer duty of loyalty you have to be careful when you decide to leave that employer to join a competitor. For example, you can’t like call up your employers customers and say hey, I’m leaving to join Joel Smith’s business down the street who does the same thing we’ll do a much better job for you. You can’t do that before you leave because you’re breeching your duties of loyalty and you’re breeching your non-competition agreements, if you have them. What you do is you make those contacts after you leave. But you can prepare to leave in the sense of you can get your affairs in order in the sense of like say if you’re going to open your own business you can get your business set up, you can get your loans for your business, you can prepare your business cards you just don’t do any of the communication that you would do with customers or clients of your existing employer until after you leave.