Legal Question in Business Law in Massachusetts

Ethics vs. Legality

Ethical question? We have 2 stylists that just leased 2 doors down from us, their non-compete forms are missing from their files and we have reason to believe they have ''stolen'' our client list. They are contacting our clients. They have also offered the nail techs a 1/2 price rent to have them move 2 doors down as well. We are obviously losing some of our business due to their lack of ethics. Do we have any legal retaliation? We allowed one of the girl to work the desk for a week while her hand was mending due to an injury (to help her out, never suspecting that she was planning her move )and found out later that all of this info was now missing etc. but we can't prove that it was them that stole the info...HELP!

Thank you very much!


Asked on 6/22/08, 7:28 pm

1 Answer from Attorneys

Re: Ethics vs. Legality

Yes, you have a claim against them for a number of things including a violation of MGL c 93A deceptive business practices.

You may have to prove they signed the non-compete, which could be difficult. But there is law that in this circumstance would make them liable for stealing clients and other employees even without a non-compete.

I suggest you contact an attorney immediately. If you have more questions, please do not hesitate to contact me.

Also, if the leased from the same landlord, check your lease and see if you have anything in your lease that would protect you.

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Answered on 6/22/08, 9:12 pm


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