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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a Petpals (dog walking) franchise in my name only.

Resolved Question:

Hi, I own a Petpals (dog walking) franchise in my name only. I've been advised I may have the franchise license taken off me as I may be about to get a criminal record (long story). Petpals basically want to avoid any negative publicity.
Would I be able to have my wife set up a dog walking business in a different name and work for her as an employee without any risk of Petpals suing me. ? my agreement with them is signed and states I will not set up a similar business within 1 year of having a petpals franchise.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Is there anything in your franchise that says you cant be an employee please?
Customer: replied 1 year ago.
hi, yes it has various clauses stating if the contract is terminated i should not be involved in any similar role/business, 1 clause states if the agreement is terminated you must NOT " for a period of 1 year thereafter engage in be employed by or be concerned or interested directly or indirectly in any business in competition or in conflict with the businessnor in any business offering products or services identical or similar to the petpalsservice within the territory
Expert:  Ash replied 1 year ago.
Thanks. There is a risk here - it says you cant be an employee of a competing business. Clearly if your wife sets it up, you will be a competing business.Unless they find out you will be ok, otherwise you cant be an employee etcI am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honestCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
if I were to be an employee of a business in my wifes name, what could they actually do to me? my wife has no party to the franchise I own as it is totally in my name, she therefore has not signed any agreement and should be free to do what she likes. If I were not a paid employee and simply helped her run the business (as I'd be unemployed and have nothing else to do) would they be able to sue?
Expert:  Ash replied 1 year ago.
Indeed, but they could sue you for breach of contract and potentially seek an injunction to stop you. They wont do anything to your wide.Does that clarify?Alex
Expert:  Ash replied 1 year ago.
* wife *
Customer: replied 1 year ago.
Do you have any suggestions of your own as currently it would mean I would loose the franchise, I would not be able to do anything similar for 1 year and have no way of making any other income.
Expert:  Ash replied 1 year ago.
Yes I understand. You could do it, if they find out then argue its an unfair clause. But that would be for a Judge to decide.Of course they can only terminate the agreement if the contract allowsCan I clarify anything else?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Thanks Alex, nice to have another opinion so thanks, ***** ***** what I wanted to hear but what I expected in some respects.Chris
Expert:  Ash replied 1 year ago.
I am sorry its not better news. Good luck Chris.

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