Breach of Non-Disclosure/Non-Compete

[jefferson75]

A few years ago while I was still working for my now former employer I
began working after hours on my own time with a couple of other
employees to develop a product that would compete with said employers
product. Before I was laid off I did take a customer list and held on
to it well after I was laid off. I did sign a
non-compete/non-disclosure agreement which I am still obligated to
this day. The product that I set out to develop never took form and
was never released to the market nor was the list that I took ever
used. In other words no damages were incurred to my former employer
by an of my actions. As it turns out one the former employees who was
helping develop our failed product had a disagreement with me and has
told my former employer everything. Obviously I'm very concerned. My
question is can my former employer come after me now that they know
what I was doing even though there are no damages and I never released
a competing product? Or should I be expecting a cease and desist?

 

[army judge]

A few years ago while I was still working for my now former employer I
began working after hours on my own time with a couple of other
employees to develop a product that would compete with said employers
product. Before I was laid off I did take a customer list and held on
to it well after I was laid off. I did sign a
non-compete/non-disclosure agreement which I am still obligated to
this day. The product that I set out to develop never took form and
was never released to the market nor was the list that I took ever
used. In other words no damages were incurred to my former employer
by an of my actions. As it turns out one the former employees who was
helping develop our failed product had a disagreement with me and has
told my former employer everything. Obviously I'm very concerned. My
question is can my former employer come after me now that they know
what I was doing even though there are no damages and I never released
a competing product? Or should I be expecting a cease and desist?

If you use your right to remain silent, this might just blow over.

Or, you could be making too much of this, because you know all about it.

In most cases a person is better off saying NOTHING when approached about ANYTHING.

That said, you don't have to answer a question, just because someone asks you one!

If asked about this, I'd say or do one of the following: "NOTHING", "UNDER ADVICE OF COUNSEL, I HAVE NOTHING TO SAY ABOUT ANYTHING", or "NO COMMENT".