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Where may I find a solid NDA/Non-compete agreement? Also, issue with co-founder

I need an NDA/Non-compete for a supply company (and members thereof) I will be collaborating with in the future. I will also require another for a co-founder/early-stage employee, who works with my in my company.

P.S. How do you really discern between a co-founder and an early stage employee? I founded the company on my own, through industry experience, then on my own in idea development, market research, product research, viability of business, technology research, technology definition, business development, business planning, name generation business formation (DBA at that point), sales & marketing, branding, web development & design, network building. The “co-founder/early stage employee” came in about 3months ago, to setup the factory. I provided all the necessary industry information, business information and trade secrets for the launch, all they had to do was provide the engineering report. Additionally, in signing for the 24% they were also supposed to invest 5k and never did. Now we’re about to launch and I feel they deserve way less. They are vacationing every weekend and barely put in 10hrs/week, where I am working on this 16hrs+/day, everyday. I’ve been at this well over a year, 18months to be more specific. Under duress, I was somewhat forcibly influenced to sign away 24% of my company for this. I cannot in good faith continue with this equity divide, but at the same time, must continue to keep traction with the company.

Thoughts?

 

  • Definitely sounds like your co-founder is actually an employee.

    I would find a lawyer – fast. Preferably one that has some knowledge/experience in your industry. Seek their advice on how to move forward with your ‘co-founder’ and what options you might have. Better to get that dealt with early if you can.

    Reply

    • +1000

      Good news – If he hasn’t given you the check, he’s in breech of his side of the deal. But yes, talk to a lawyer.

      Reply

  • Why are you giving away such large chunks ? This guy has proved absolutely nothing to you. ( I take that back –he has ) He proved his worth.

    Reply

    • OP: I am part of a business accelerator, one of the “advisers” here lent me 1k to help pay me my rent one month. So he is now attempting to wield decisions for the company to get his money back, at the cost of slicing out massive valuable chunks. Then, got together with the shitty attorney and basically raped me out of all the work i put in, forced to sign the c-corp docs under duress. 47% to two “co-founds”, one of which i fired for doing absolutely nothing then having the audacity to try and slander my character. The other laxes about maybe will go to a meeting here and there and says the “investment” which was supposed to go into the company(never happened), he spends at his own discretion on only things he wants, then says it was company money, and acts very egotistical and deserving, when hes done next to nothing. Plus, the constant vacations kind of just piss me off. Says he has no money, but is always vacationing and buying expensive things

      Reply

  • If you are in California, noncompetes are not enforceable. However, rookie mistake on your part with not doing your due diligence. How exactly is a co-founder an employee? Aah, well, he may have the know how, but that means little, unless he was the tech guy with all the code.

    Reply

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