Ray Hrdlicka – Host – Attorneys.Media
“I assume, one piece that we haven’t discussed yet regarding covenants not the compete, is the approach to, and the removal of clients from that old business to your new business? I assume that’s more enforceable.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“Oh, yes, absolutely. And there could even be a longer period of time on that than just a year. You might even prohibit that for two or three years. But that’s definitely considered an unfair business practice. And so there may be other things that prevent that beside the covenant not to compete. “
Ray Hrdlicka – Host – Attorneys.Media
“Is that hard to prove in your experience? Is that hard to prove legally in the court of law? You know…this piece of business left us, went over there, and we can attribute that movement to a former employee who contacted them and came over.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“Sure, it would have to be carefully documented, and it would depend to some extent on what kind of information you’re able to get from the customer that came over from one company to the other. They may or may not give that information willingly. They may not really have a dog in the fight, but they may still want to protect the new relationship and not want to give any more information than they have to. And have to… may mean a court subpoena. “
Ray Hrdlicka – Host – Attorneys.Media
“I see. And most people do not want to get sued.”
Michael Campbell – Business Dispute Attorney – Pierce County, WA
“No.”
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