[WSBARP] Off Topic Question

[Jimmy Garg]

Maybe Tortious Interference; use of confidential and proprietary information (even without non-compete); solicitation.  Problem would be if the store was closed when your PC opened, I'm not sure other company can allege they have damages.  They were shut down already.  Unless they have some special IP the former employee is using that they still owned.

Jimmy Garg, Esq.
Jimmy Garg, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, January 31, 2023 9:11 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Off Topic Question

Listmates:

Retail Store closes in mid-2022.  It apparently was looking to sell, but nothing happened.  Many months later, former employee opens a similar business about 5 miles away under a different name.  It now appears the retail owner may want to reopen later this year and has started threatening the former employee with a lawsuit.  No non-compete agreement was ever signed.  Retail owner is saying the former employee cannot use the same suppliers.

I see no prohibition with former employee opening a competing business or using the same suppliers, absent a non-compete agreement.  Are there some other theories under which the former employee can be forced to close?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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