Legal Question in Business Law in New Jersey

Re: Non-Compete / Non-Solicitation

You need to retain an attorney to assist you.

Your attorney can review the actual contract language and all pertinent facts and circumstances. A clause such as you describe may or may not be legally enforceable depending upon the circumstances.

If the non-compete clause is enforceable, your attorney could file a lawsuit against the ex-employee(s) to obtain an injunction to prevent further operation of the competing day-care center. The lawsuit could also include a claim for any damages you may have suffered due to the breach of contract.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Non-Compete / Non-Solicitation

I concur with Alan. If you have a valid non-compete agreement, you must quickly sue to enjoin the former employee from acting further, plus ask for damages for several torts: intentional intereference with business relationships, violation of the agreement, lost business, etc. You should get an attorney familair with these types of proceedings. I know several, if you need a recommendation. I must caution you that this type of litigation can be costly, but if you are successful, the costs will be paid by the former employee.