Our client was a personal trainer who, after her work hours were cut dramatically and she was told her body type presented the wrong image for her employer’s clientele, decided to start her own workout business. Though her plans had a different focus and she did not plan to either solicit or service customers she worked with for her former employer, it nonetheless launched a sneak attack in the superior court. It relied on a supposed noncompetition agreement that our client signed with a former employer and, late on a Friday afternoon, requested an emergency order to block our client’s business from opening the following day. By misrepresenting a key fact, the former employer succeeded. Our client was not provided an opportunity to be heard. When notified of the court’s order, we arranged a quick hearing to dissolve it, met with our client on a Sunday afternoon, and prepared for hearing two days later.
Result: Based on a detailed affidavit and memorandum on various requirements of noncompetition law that the Plaintiff ignored at its emergency hearing, we were able to persuade the court that it had erred in issuing a restraining order. It concluded that the contract the Plaintiff relied on was not valid and that it had no basis to restrict our client from competing in the marketplace. The prior order was dissolved and our client opened her personal training business several days later.