Legal Question in Business Law in Florida

My husband and I own a computer repair llc. We had one employee who was working with us for 6 months. We were renting at this particular location for 3.5 years. Recently we had to leave that particular location due to landlord issues. We make arrangements for a new place and sign a lease. Anyway the day we leave the first location our employee comes to us and quits and says he has been given an opportunity. Come to find out he has made a deal with our previous landlord to rent the location we were in and open up his own computer repair llc. We have cultivated that location for 3.5 years and put in a lot of money in advertising and getting clients. We don't think this is right and wonder if there is any legal action we can take? He is pretty much copying what we had at that previous location and we don't think it's fair that he can now have all of the traffic and clients that we had worked so hard for.

Asked on 3/11/13, 8:00 am

Sanford M. Martin Sanford M. Martin, P.A.

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Unless you had an employment agreement with the employee which included

a non-compete provision or he is using your business name or other infringement,

it doesn't appear you have any legal claim or lawsuit. It would be a difficult case

to prove he conspired with your previous landlord to cause you to relocate, and

is the basis for some claim. Your situation explains why so many FL businesses

include non-compete clauses for employees.

Answered on 3/11/13, 8:17 am

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