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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 33069
Experience:  Employment Law Expert
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I own a dance studio n Woodstock, Georgia. One of my

Customer Question

Hello , I own a dance studio n Woodstock, Georgia. One of my instructors is secretly opening another studio and is soliciting my clients while she is currently employed by me. They didn't sign a non compete contract or anything. What may I do legally about this situation? I'm assuming I can fire her but what may I do about the clients she is planning to take from my business? As proof I have an email from a parent saying that she is leaving the studio and is going to seek what this teacher is providing and the employee has not told me yet of her plans.
Submitted: 6 months ago.
Category: Employment Law
Expert:  P. Simmons replied 6 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. I am sorry for this dilemma. If you do not have a non compete agreement? Frankly, there may not be much you can do.You can terminate the employee (GA is an at will state for employment law...so you can terminate the employee for cause or for no reason at all)And if the former employee uses any of your protected intellectual property (for example, say they try and steal your trademark or copyright)? You could sue them for damages.But without a non compete contract, you an not stop them from opening a competing businessThis is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can prevent them from opening this business but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 6 months ago.
What is considered trade mark what if she has my students phone numbers or emails
Expert:  P. Simmons replied 6 months ago.
A trademark is a phrase or picture that "brands" your business. If you have one (and have registered it) and she is using it? You can sue her for violation of your intellectual property rights.But having their #'s is not related to trademark. Again, sorry to be the one to bear bad news. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Expert:  P. Simmons replied 6 months ago.
HiExperts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer. Please rate the answer so I may receive creditThanks for your understandingPhil