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Lucy, Esq.
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I own a boutique and have an employee that was trying to buy

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I own a boutique and have an employee that was trying to buy the boutique, or made me believe she was. She has since opened her own boutique. It came to my attention that she went to a big clothing market that she registered my business as the owner and her mother as the buyer without my permission. Where she could gain information from all vendors with the registration. In order to get registered she had to send in documentation of business cards, lease agreement, sales tax id, etc but they approve them, then shred them after 90 days. My question is, is this illegal and what can be filed against her?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What you're describing is fraud. It's illegal to file false documents with the state. It may be possible to subpeona documents from the state showing how your business is registered to her, or that she's illegally using your sales tax ID. You can file a Complaint with the Attorney General letting them know of the situation. It may also be possible to sue for committing unfair and/or deceptive trade practices if she is stealing information from your business to use in hers. It's OK for a person who works in a store to go open their own store. But it's not OK to use their name and identity without permission. See Tex. Bus. & Comm. Code, Section 17.46.

The law provides that a successful plaintiff may be able to recover punitive damages plus attorney's fees. For that reason, you may want to consider sitting down with a local attorney to review all of your evidence and discuss the specific facts of your case.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.


No, she did not file with the state. When you own a boutique you go to apparel markets to purchase clothing for next years seasons. There is what's called Dallas Market where I go every year. I owned 2 stores one called The Iron Monkey and one called plainJane. I have always registered and went to market under The Iron Monkey. When my employee was working for me she registered as the owner of plainJane and her mother as the buyer without my consent. With this she would be able to contact companies and have catalogs sent to her, getting information on opening her own store(she had a FB page and a website) as she did while working for me(is this legal)? I called Dallas Market and asked what she would have had to send in as proof to get approved and they said like a sales tax id with her and plainJanes name on it(which she did not have), business cards with her name and plainJane(which she could have made), lease agreement(which she had and could have changed names), again they shred any documents after 90 days but people are not approved without some sort of documentation with her name and the business name on it.

Expert:  Lucy, Esq. replied 1 year ago.
Even if documents submitted with requests are shredded, there still has to be some record, somewhere, of the request.

What you have described is still unfair and deceptive, if she's using your name without consent to take your business.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20765
Experience: Lawyer
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