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  • #966408
    mallemsindustrial
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    Hi, new to this, looking for some info on Common law and confidentiality issues within Australia, i’m basically looking to start a business after working for an abusive employer for 2 and a half years, and am concerned about confidentiality issues that may arise. I currently am in a position of management but have no verbal or written contracts in place?
    Any ideas where I stand, thanks in advance.

    #1018040
    JohnSheppard
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    Hello, I have no idea! But since no one else has yet responded I’m gonna say what I think :)

    Everything you do for your employer is owned by them.

    Be prepared to go to a lawyer and pay them a lot and go through a lot of stress if you plan to try and take anything with you. Your ex employer would be grumpy to say the least (and probably rightfully so).

    That’s probably not real helpful for you but that’s just my gut thoughts. A lawyer is the only real person who can help you.

    #1018041
    ray_223
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    Hi,

    I assume you mean start a business in the same area as your current employer?

    That obviously means you can’t take any “company” assets with you (this includes knowledge as well as physical items). You obviously own your experience and your own knowledge – but you can’t use specific details about your current customers or your current employer into your new business.

    There is nothing illegal about quiting your job today and then going and knocking on your ex employers customers door tomorrow to see if they wish to buy your product or service (but you just need to be very careful).

    Even if you do everything 100% above board there is nothing stopping your employer taking you to court – you may win but you may go broke in the process.

    If you are serious about this you need to see a lawyer so you know exactly what is and isn’t illegal (if you go through a BEC agent – http://www.becaustralia.org.au/ – they may be able to setup a free first consultation?).

    Depending on the situation it may be better to leave and get another job while you work on your new business.

    All the best

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