home based chocolate business

[debbie2340]

What is the name of your state (only U.S. law)? VA

My daughter worked for a chocolate shop in Va for the past year. She quit her job three weeks ago to open a home based chocolate shop. Her former employer found out today and emailed my daughter telling her she must remove all refrerencesof her former job from her businees page, facebook, and yelp. Is this legal? Most people put formally worked at**************. on their pages.

 

[Just Blue]

What is the name of your state (only U.S. law)? VA

My daughter worked for a chocolate shop in Va for the past year. She quit her job three weeks ago to open a home based chocolate shop. Her former employer found out today and emailed my daughter telling her she must remove all refrerencesof her former job from her businees page, facebook, and yelp. Is this legal? Most people put formally worked at**************. on their pages.

Yes it is legal.

 

[TigerD]

Yes it is legal.

But it doesn't mean she has to do what he asks. She should probably have her materials reviewed by a lawyer.

TD

 

[LdiJ]

But it doesn't mean she has to do what he asks. She should probably have her materials reviewed by a lawyer.

TD

I agree.....

 

[quincy]

What is the name of your state (only U.S. law)? VA

My daughter worked for a chocolate shop in Va for the past year. She quit her job three weeks ago to open a home based chocolate shop. Her former employer found out today and emailed my daughter telling her she must remove all refrerencesof her former job from her businees page, facebook, and yelp. Is this legal? Most people put formally worked at**************. on their pages.

I agree with both Blue Meanie and TigerD that it is legal for your daughter's former employer to request or demand the removal of his business name from her online pages. Whether your daughter has to to remove the other chocolate company's name from her online pages, to avoid possible legal action being taken against her, is another question entirely.

How exactly is your daughter using her former employer's name (e.g., how prominently displayed is the other company's name; are any derogatory comments made about the other company)?

Is your daughter's business name (logo, slogan) the same or similar to her former employer's business name (slogan, logo)? Could consumers be confused as to the connection between the businesses?

It will probably take a personal review of the online pages by a professional in her area, as TigerD suggests, to determine if your daughter is using the former employer's name in a way that infringes on the other chocolate company's trademark or trades off the name of the other company or dilutes the value of the other chocolate company's name or harms the reputation of the other company.

As a most general rule, simply listing credentials and qualifications (which would include relevant positions with former employers) is legal. Publishing facts is legal. It is how these facts are presented that can sometimes cause trouble.

 

[FlyingRon]

Hopefully she is complying with the Federal and Virginia laws on food production. You can get some relaxation of the inspection requirements under the "cottage food" production rules but you can only sell at home and in farmer's markets (not online, or elsewhere).

 

[debbie2340]

Chocolate name

I agree with both Blue Meanie and TigerD that it is legal for your daughter's former employer to request or demand the removal of his business name from her online pages. Whether your daughter has to to remove the other chocolate company's name from her online pages, to avoid possible legal action being taken against her, is another question entirely.

How exactly is your daughter using her former employer's name (e.g., how prominently displayed is the other company's name; are any derogatory comments made about the other company)?

Is your daughter's business name (logo, slogan) the same or similar to her former employer's business name (slogan, logo)? Could consumers be confused as to the connection between the businesses?

It will probably take a personal review of the online pages by a professional in her area, as TigerD suggests, to determine if your daughter is using the former employer's name in a way that infringes on the other chocolate company's trademark or trades off the name of the other company or dilutes the value of the other chocolate company's name or harms the reputation of the other company.

As a most general rule, simply listing credentials and qualifications (which would include relevant positions with former employers) is legal. Publishing facts is legal. It is how these facts are presented that can sometimes cause trouble.

She state past employment. She said I honed my chocolate making working at My Chocolate **************.. as assisiant manager

 

[quincy]

She state past employment. She said I honed my chocolate making working at My Chocolate **************.. as assisiant manager

Well that in and of itself should not be a problem legally. Your daughter has stated a fact.

So ... I think it is probably best that your daughter have her online pages reviewed by a professional in her area, to see if there is some other area that might be causing the former employer concern. If there is not, then your daughter has the choice of eliminating the employment information to appease her former employer or keeping it in place and perhaps having the employer try to force its removal in some way, somehow, for some reason.

What FlyingRon noted about food production laws, by the way, is very important. I hope your daughter is complying with all of the laws that relate to operating a food production business from her home.

Finally, I hope her chocolate-making creates for her a successful business and that the problem with her former employer is just a minor one that can be solved easily. Good luck to her.

 

[debbie2340]

Thanks

Well that in and of itself should not be a problem legally. Your daughter has stated a fact.

So ... I think it is probably best that your daughter have her online pages reviewed by a professional in her area, to see if there is some other area that might be causing the former employer concern. If there is not, then your daughter has the choice of eliminating the employment information to appease her former employer or keeping it in place and perhaps having the employer try to force its removal in some way, somehow, for some reason.

What FlyingRon noted about food production laws, by the way, is very important. I hope your daughter is complying with all of the laws that relate to operating a food production business from her home.

Finally, I hope her chocolate-making creates for her a successful business and that the problem with her former employer is just a minor one that can be solved easily. Good luck to her.

Thanks for everyones replies. Yes she is complying with the laws of a home based business.

 

[quincy]

Thanks for everyones replies. Yes she is complying with the laws of a home based business.

On behalf of all of us, I want to thank you for the thanks, debbie2340. They are appreciated.

Good luck.