Summary
You may be able to start a competing business in Pennsylvania if you havent signed any non-compete or non-solicitation agreements. However, its advisable to consult with a local attorney to address any specific nuances or complexities in your situation. Non-compete agreements must be reasonable in geographic scope and duration, and unpaid labor can potentially be a violation of wage laws. Seek advice from a local attorney who specializes in employment law for personalized guidance.Full Conversation
I started working for a chiropractor. I then helped him start a marketing agency, which is a separate business. I have never been paid from that business, despite having done countless hours of work for it. Can I technically open a competing business and solicit the clients to work with me instead?
Hello ****, to clarify, have you signed any non-compete or non-solicitation agreements with your current employer? This is crucial to provide accurate information. Generally, in Pennsylvania:
- Non-compete agreements must be reasonable in geographic scope and duration.
- Non-solicitation agreements can prevent solicitation of clients.
- Unpaid labor can potentially be a violation of wage laws.
I never signed any agreements with them. However, the clients sign a contract that has a non-solicitation agreement, but I am not an employee of the agency.
Based on your situation, it seems you may be able to open a competing business in Pennsylvania. However, to confirm:
- Have you been categorized as an independent contractor or consultant for this agency?
No
Based on your response, it appears that you may be legally permitted to open a competing business in Pennsylvania. However, it's advisable to consult with a local attorney to address any specific nuances or complexities in your situation.
can you give me some examples of cases similar to mine
I'm sorry, but as an AI, I don't have the ability to provide specific case examples. However, I would recommend seeking advice from a local attorney who specializes in employment law. They would be able to provide real-life examples and guide you based on your specific situation.