Recommend a Business Attorney

Ryan Richmond
Tom Easterly

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ethically

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Not sure what a lawyer is going to do for you here?

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legally

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If you don't have a non compete there's not much that can be done. Are you taking data or anything else from your current company?

Let's say you are a plumber and you leave a large national plumbing company to buy a small plumbing company. As long as you aren't outright stealing the client list or taking tools with you, your skills and knowledge are your own.

Depending on OP's industry, there are all types of legal issues a small business owner should become aware of prior to just jumping in head first. Employment, regulatory, corporate governance and structure, etc. Not to mention, OP mentioned "acquiring" a small business, which would generally involve a purchase. The assets and liabilities of small businesses need to be carefully analyzed and the appropriate due diligence must be undertaken prior to acquisition and the acquisition needs to be structured accordingly. This is what business attorneys do.

OP, I would recommend reaching out to Ben Jumonville at Kean Miller.

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this isn't entirely accurate, depending on his place in the company. there may be fiduciary duties involved to his old company, which can theoretically constrain his behavior. he definitely needs to speak to an attorney about this.

note: i am not that attorney

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I'm not a lawyer but the idea that fiduciary duty without a written and signed non compete can prevent you from taking an employment opportunity in the same field working for yourself seems absurd.

If he was doing both jobs at the same time, certainly.