Legal Question in Business Law in California

Private school opening

The previous private school owner has closed the school and has notified all enrolled families and staff in writing. If two former employees were to open a new school at the same location, and only placed ads in newspapers (not contacting former enrolled families, can the previous owner legally stop them?


Asked on 6/23/08, 1:19 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Private school opening

Sounds legal to me. California law is quite protective of former employees who go into competition with their previous employers. Here, you are further benefitted by the fact that the former employer appears to have given up.

Further, I think contacting former enrolled families directly would probably be legal. Using a former employer's trade-secret customer list is illegal, but here the customer list is not secret; all the teachers and families would have known the enrollees and it's very doubtful the former operator has any basis for calling the list of families a secret.

Note, however, that I say "probably" - I cannot give you carte-blanche assurance without having reviewed all the particulars.

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Answered on 6/24/08, 12:21 am


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