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Critical_of_Idiots | I want to open a business similar to my boss, What are the Legal Ramifications? |
I work for a Licensed Professional Civil Engineer, who is paying me about a third of my market value. I am an unlicensed environmental engineer. My expertise has allowed my boss to add the word "Environmental" to his business logo. He is limited in experience in what I do. Much of what I do, does not require an engineers license. I want to break away from my boss and start my own business. I just cannot do it, without continuing to work with him at the same time (moonlighting). I would do this legitimately. I would not work during his hours, but he is business savvy and I am afraid of legal problems. (Conflict of interest) Does anyone have an idea what the legal ramifications might be, if he were to discover that I was running my own business, while working for him? I just need advice, this question has been burning in my mind for over a year. |
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www.jelloshotz.com
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You should talk to a lawyer. especially if you signed a non compete agreement.
www.getprotectedhere.com |
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phoephus
 |
If your moonlighting gig involves the same clients as his company, you may have problems. |
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Lewiy
 |
Check your contract of employment, there is probably a clause preventing you from doing this. If you really want to do it, I would either quit your job, or if you still want to work as well, get another job in a completely different field first. |
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Joy M
 |
Since you are working as an agent of that person (your boss); you probably cannot start your own business while you are still working. If you terminate your employment, then start your business, you may have to wait a certain amount of time or travel a certain distance away to do so. Otherwise, you comprimise your boss' clientele and steal business from him. If you have a contract employment with him, your limitations may be stated in that. However, if is not, there may be a set requirement imposed by the state as a standard. Before you try anything; I would look for your state's policies on the issue. |
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dickn2000
|
First: Get your license!
Second: Did you sign any non-disclosure or similar agreements when you accepted employment with him. If not, there's no conflict of interest if you strike out on your own. We have a free market, free enterprise system in this country.
Third: Ask your boss for a raise commensurate with your experience and remind him that it is your expertise that allows him to use the word "enviromental" in his business logo.
If he refuses to give in to your demands, start moonlighting, and take away as many of his customers as you can. As you proceed, you will learn how to operate your own business.
What's the worst that can happen, he finds out and he fires you... Then you can either find another job, and keep moonlighting, or you can operate your business full time. |
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alesda maderi
|
unless you have a signed employment contract with the firm, they cannot sue you -
BUT - unless you have a license, you could jeapordize yourself if you are engaging in work that requires a license - you should at least hire someone that DOES have a license - this rather sucks as i know lots of idiots with degrees and licenses, but that is the game we play - if he knows what you are doing he could try to stifle it by going to whatever authorities govern over engineers -
it is never really good to burn a bridge - if you do not take your bosses clientle while working for him, there should not be any problems - |
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Meg...Out of Hybernation
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If you signed a non-compete agreement that is the only way there will be any legal ramifications. If you did not sign any such agreement you are free to do what you like. |
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leowin1948
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You cannot eat and have it too.Normally no employee /partner is permitted to do same business or parttime service as it will reult in compettion.You have to see the agreement you had with employer and terms and conditions for appointment.
The ways open are you can ask your employer as a partner in the business,with profitsharing or have a franchaisee arrangement which will benefit bi=oth of you.
If you are confident you can run business on your own,you can start business in a new name by hiring a licenced engineer.Since you have developed enough contacts you can lure away substantial clients by quoting less or better quality. |
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sarah c
|
Have you tried talking to him about the fact that he depends on you, but underpays you? If its the money thats the main problem it really depends on how easy you'd be to replace. If he's underpaying you he should at the same time at least pay to get you through your licence.
If you went freelance your company could charge him the going rate and you wouldn't have to moonlight. He'd just be one of your clients. He can't do your job so you do have some leverage. |
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WantToGoHome
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Why not become licensed? Once you are licensed he has to pay you the amount you are worth, if not threaten to go to another company to make two or 3 times you make right now.
Not sure of your situation but I know most employers pay much better once you are licensed. |
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G!
 |
Firstly, you are wise to choose not to moonlight in this situation. Not good.
Do you think you could do better than your boss. You may be able to do the actual engineering bit, but could you:
Balance the account books
Send biils
Sales and Marketing admin
All sorts of things are needed to run a business, not just the skill to do the major task.
Pop into a local Business Advice shop and see what info pamphlets they can give you. Have a read and see what you think.
If you decide you could run your own business, including all the admin etc, and assuming that he is not doing something protected (Making soup to a special recipe etc), and there is no clause in your employment contract that restricts competition for a specified time, then go for it.
DON'T JUMP STRAIGHT IN. Of every 3 businesses, 2 fail in the first year. Mainly, this is because people have charged, not thought it through, hit a brick wall, and thats it.
The afore mentioned advice books will help on that, so here is what you do:
1) Business Gateway for advice
2) Check your emp[loyment contract for potential catches
3) Plan your move.
4) Ensure you have at least 6 months living expenses set aside
Best of luck |
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