Legal Question in Product Liability in New York

Former Employee Opens Same Business

We have a former employee who left at the end of our pre-school year to open her own preschool in the same small town. Although we were foolish not to have a Non-Compete Agreement do I have any recourse. We have lost a good number of students. This teacher started her career with us and worked for us for the past three years.


Asked on 8/15/06, 11:39 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Former Employee Opens Same Business

If you have no restrictive covenant in a written agreement with her there is really very little that can be done. It is called competition.

By the way, this should be categorized under commercial or business law.

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Answered on 8/16/06, 3:21 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Former Employee Opens Same Business

I have one other thought: if your ex-employee has actively interfered with your previous customers'

relationship with the pre-school, in order to take them away from you, you might have a tortious interference with contract claim, for damages and potentially, an injunction. The reason the parents switched schools is important.

This type of claim is difficult to prove, and their reason for switching is the start of the analysis.

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Answered on 8/18/06, 7:06 pm


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