Legal Question in Employment Law in Minnesota
Taking business away from current employer, no non-compete
My wife's last day at the childcare center she works for is this Friday. She's gotten 3, possibly more, families that have agreed to come to her daycare. This business, however, was not solicited at work. She has flyers posted around our small town. When inquired at her work if this was her, she said yes, but couldn't discuss it there. She was asked for her phone number and gave it. That the extent of the solicitation. We're being sued for over $50K. We don't have this money, nor will we. They state that we ''are interfering with current and prospective relationships''. My common sense point of view is that she acted in a professional manner, and since she never signed a non-compete agreement, they don't have a case. Is that wrong according to the law? Thank you.
1 Answer from Attorneys
Re: Taking business away from current employer, no non-compete
Sounds like its getting out of control.
I would want to sit down with her and review entire situation before advising her.
There are common law issues that affect her relationship with her employer, regardless of the absence of a non-compete.