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  • #973143
    ad2405
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    Hi all,
    A staff member who used to work for the shop I reccently purchased is going to start at one of my competitors next week. He told me that the shop is going to advertise in the local paper that “EMPLOYEE NAME, EX-SHOP NAME NOW WORK HERE” or something along those lines.
    Has anyone had this experience before and does anyone know if they can legally do that?

    #1059998
    ray_223
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    ad2405, post: 73994 wrote:
    Hi all,
    A staff member who used to work for the shop I reccently purchased is going to start at one of my competitors next week. He told me that the shop is going to advertise in the local paper that “EMPLOYEE NAME, EX-SHOP NAME NOW WORK HERE” or something along those lines.
    Has anyone had this experience before and does anyone know if they can legally do that?

    Tough situation.
    (I have no legal knowledge) but it would seem unlikely that there would be anything illegal about advertising a fact.

    #1059999
    VehicleMods
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    I would not be too stressed about it. In my experience few customers will follow an employee to a new business. Their relationship is usually with a business, not a person. But it would not hurt to increase marketing to your customer base, Send them letter, offer a special to existing customers just because this silly holiday season over Easter is over! Follow up with phone calls. One off Newspaper ads generally have very low response rates anyway!

    The ex-employee has the right to provide his labour to whoever he likes.

    #1060000
    ad2405
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    Thanks everyone, I think I will just ignore it and not worry about what other people are doing and concentrate on my own business.

    #1060001
    VehicleMods
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    ad2405, post: 74020 wrote:
    Thanks everyone, I think I will just ignore it and not worry about what other people are doing and concentrate on my own business.

    Excellent strategy! They must be really worried about you as a competitor if they actually resort to such tactics :D

    Rule Number 1 in Business: Play the ball, not the man! err, never ever bag your competitors. It does not help you gain business as your customers see through it!

    #1060002
    Kennethti
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    Do you have an agreement restraining them from approaching your existing clients?

    If not then generally – and I say generally because I do not know enough about your specific situation – the policy in NSW is to encourage competition between businesses, and you may not be able to stop them from doing this.

    However, if they are using your registered trade mark in the advertisement, perhaps you should discuss the matter with a solicitor or a trade marks attorney – it might be that they are using your registered trade mark without permission and this may be something that you can action on.

    Do not take this as advice as I do not know your specific situation. If you want to take action you should first discuss the matter with your lawyer.

    Don’t worry, keep doing what you do – if you’re doing a good job, your clients will stay loyal to you.

    #1060003
    bluepenguin
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    Just out of curiosity, how did he communicate this to you?

    Was it a polite heads-up, or was he standing in the doorway like a cowboy giving you a “this town aint big enough for the 2 of us” speil?

    Personally, I agree that you shouldn’t let it stress you out… Think of it as free advertising – your business name will be in the paper.

    If you wanted to be cheeky you could put your own ad in the paper with something along the lines of “”EMPLOYEE NAME, SHOP NAME, STILL WORKS HERE”

    #1060004
    Kennethti
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    bluepenguin, post: 74057 wrote:
    If you wanted to be cheeky you could put your own ad in the paper with something along the lines of “”EMPLOYEE NAME, SHOP NAME, STILL WORKS HERE”

    Got a laugh out of that. Thanks Bluepenguin!

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