principle software developer - leaving to create similar software?

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sirarthurtharp

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The company I work for manages government forms. That is to say, government forms come into the office, are QA'd, sent to the appropriate government office, and checked.

The company has an internal software application to automate this. It is a combination of paid software and proprietary software. It does the following

1: Tracks documents (you put in the government office it is supposed to go to, the time it should arrive, and it will send you a notice to double-check to see if it did arrive)

2: Scans documents (you scan the document in, it will save it into a secure location)

3: Data entry of documents (you define a custom form that matches the government document, define it as a template, and then you can use that form as a data entry set when "real" versions of this form arrive)

4: Reporting (you can choose a type of government form and get outputs as to who and what these forms were used for)


They do not sell this software. They use this software. It is combination of purchased software (the scanning/tracking of documents) and internal software (data entry / reporting)

I'm planning on leaving the company, but I want to replicate this entire software platform (As a single unit) and sell it on the market. I don't intend to use ANY of the existing code, this is not a question of that. But because of my knowledge it may, by nature, be similar to the software that is written (since i was responsible for making some of those decisions).

For example
3: Data entry of documents. I built this entire piece. I plan to rewrite it from scratch, but several architectural decisions may wind up being similar. For example, the choice of language (C#) and database (SQL Server) and platform (ASP.NET). These will be similar because they are my knowledge set.

But there are dramatic changes to the process. For example, I intend to have the Track documents work off a mapping API and use the FedEx webservices to really track when it is complete (not just an arbitrary number). And I intend to have the scanning of documents being stored in the database. And I intend it to be a single application, not a combination of purchased software and inhouse software.

I do not intend to go into the same market as the company. I have no interest in managing a "government form processing" station. I simply want to sell software to this industry because I have a lot of knowledge in it (been working at this company for 10 years).

I imagine the answer is "it depends on what agreements you have signed". But is there anything they could enforce? I'm not leaving to a competitor. I'm not leaving to a client. I'm not selling in their market. I'm not stealing their IP (as it will all be rewritten).

But in some places it will be VERY similar - example, the Data Entry of Documents. They create templates in Dreamweaver and save them as HTML files) those HTML files are then stored in the database and pulled when they want to enter a specific government form. This is something I came up with. I intend to rewrite the storage, method etc from the ground up but the process will be the same in my software because it is the best answer to that challenge (dynamic forms).

Oh btw - I don't intend to do any of this work until after I've left the company.

Oye!
 
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More than likely you are barred from doing as you indicate.

You have probably signed non-disclosure and a non-compete contracts.

You should investigate exactly what you have agreed to not do and for how long.

That will determine what you are allowed to do, as regards your future software development efforts.

Essentially, you are most likely unable to what you wish for two or more years.

You may not be able to replicate your previous designs, as they are probably owned by your current employer.
 
Wow I really appreciate the quick reply.

What if I was employed by another company to make similar software? This is where it gets a little grey and fuzzy in my head.

I have a non-compete and a non-disclosure. But there are companies that fall outside that non-compete, companies that do other types of document processing not related to the company I work for. I could market this software to sell to them? There's nothing preventing me from being hired and working at one of these other document processing companies (several people in the company have moved on or came from a rather large operation that does other misc-data entry processing). Another example is insurance companies; I know of one that could use something like this to track all of the paper sent in and out of the office. Entirely different industry, similar software.

So if I left, marketed it as a document processing solution and not specifically a government form processing solution does that change anything?
 
sirarthurtharp said:
Wow I really appreciate the quick reply.

What if I was employed by another company to make similar software? This is where it gets a little grey and fuzzy in my head.

I have a non-compete and a non-disclosure. But there are companies that fall outside that non-compete, companies that do other types of document processing not related to the company I work for. I could market this software to sell to them? There's nothing preventing me from being hired and working at one of these other document processing companies (several people in the company have moved on or came from a rather large operation that does other misc-data entry processing). Another example is insurance companies; I know of one that could use something like this to track all of the paper sent in and out of the office. Entirely different industry, similar software.

So if I left, marketed it as a document processing solution and not specifically a government form processing solution does that change anything?
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Anything else I say, would just be guessing.

We could keep guessing, each time guessing incorrectly.

Most employers are happy to release you from the agreement, if they receive assurances that your work will not directly impact their bottom line.

They don't do this because they are magnanimous.

They do it to avoid litigation.

That said, why not ask your employer?

Given what you've said, they more than likely wouldn't try to stop you, if they understand your motivations.
 
sirarthurtharp said:
Nope. I know that for a fact.
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Let me pose the situation from afar and without more details:

(a) Your employer hasn't filed for any protection, you do what you do and they leave you alone.

(b) Your employer hasn't filed for any protection, you do what you do and they send a cease and desist letter. At that point you can decide whether this is just a worthless threat.

(c) Ditto on the above and your company decides to commence litigation. Would it be worth it to them to do so? I'm not sure, especially if the case isn't that strong. The only one who could have a better understanding is an attorney who has had the time to discuss the matter with you completely to get the full set of facts.

On the surface, I'm not sure that the company has a strong case, especially since they are probably not the only ones using this process. If it is not a secret to the company and others know about the process and resources, then I'd say that makes the company's case even weaker and chances more remote.
 
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