QUESTION

I have a no compete violation suit that I would like to seek damages on.

Asked on Apr 16th, 2017 on Civil Litigation - Arizona
More details to this question:
I own a salon & we rented 3 chairs for a period of time (August-March) to a neighboring salon while they looked for & secured a new location. I had them sign a sublease with us, & within the sublease, I had a no compete clause. This salon just moved out in March & has now recruited one of our stylists & is taking our clients with this stylist. I would like to file suit against them for damages (I am also open to file suit against the stylist). I am thinking a minimum of $25,000. Do you have thoughts or recommendations on how I should start proceedings?
Report Abuse

1 ANSWER

Adverse Possession Attorney serving Phoenix, AZ at Franklin D. "Troy" Dodge
Update Your Profile
It would be necessary to review the document that contains the non-compete provision as there are many variations parties use. And, if the stylist was not a party to the agreement that contains the non-compete or subject to a separate agreement with such a provision, it may be difficult to establish a cause of action on such grounds. Also, there are two parts to the cause of action; first, you must establish liabilty, e.g. for breaching the non-compete agreement, and, second, you must prove damages caused to you by such breach. So, it's not as simple as picking an amount such as the $25,000 you have mentioned. Our firm has handled these types of cases and often the most difficult aspect of the case is proving what are the actual damages. Lastly, you don't want to get invovled in litigation that could cost you more than the amount in controversy; Arizona law does permit the court in its discretion to award attorneys' fees to the prevailing party and against the losing party. For the foregoing reasons, it is often recommended to try to resolve the dispute through mediation and/or arbitration, but that requires the consent of the parties. Hope this helps. We are not able to render legal advice unless and until we actually engaged by the client pursuant to an engagement letter. Thank you.
Answered on Apr 17th, 2017 at 10:26 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters