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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42287
Experience:  30 years in Employment law
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I am a business owner in NM and I own a gym. I have had all

Customer Question

Hello I am a business owner in NM and I own a gym. I have had all my trainers sign non compete clause but one of my trainers in her personal life has many friends, works out, and now on her snapchat is with the owner of the competiting gym wearing there shirt. As a owner what can I do about it?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.She is an employee at will here if she does not have a contract.You can terminate here. You are not required to give her cause.You also can cut her hours here and make her work less.These ore options you have as an employer.

I don't think it is in your interest to give any reasons here other than you decided to go in a different direction if you terminate. She is an employee at will here no reason is necessary.Again you can also cut her hours here as a business decision as employer.She is not guaranteed any number of hours.That way if she quits then no UI benefits for her.

I appreciate the chance to help you today.Please let me know if you have more follow up.Also the noncompete may still be enforceable if she is terminated or quits.

Expert:  Ray replied 1 year ago.

In New Mexico, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.

Thanks again and good luck if you decide to terminate you are within your rights to do so.