I'm being sued

[kezza*]

Hi all

6 weeks ago I got sacked from my job after 5 years of working at the salon.

My boss (who we got on so well and was a friend-well I thought so anyway) turned up at my boyfriends house saying I was doing mobile treatment and taking clients. I was doing mobile which she was well aware of but I was not poaching any of the client. My mobile clients did not know the salon I worked it and salon clients did not know I was doing mobile. she took me on knowing I did mobile.

I was being paid £6.30 an hour was a head therapist who ran the place whilst she isn't even a therapist but I enjoyed my job and the extra money doing mobile helped. She also had it that i was going to set up at my boyfriends house. We are trying for a baby having to go through the ivf route and I had told her because I was having abit of time off. Me and my boyfriend had said that maybe i could set up at home but thats in years to come not now.

The salon was going very quiet and I was trying 2 come up with ways of promoting the salon (she doesn't advertise) so I started to takename and addresses of clients and was going to what areas they come from as to do a leaflet drop,,,, she had gone through my way whilst I was was in the treatment room with a client and found the list. And well she told me not to come in tomorrow and told my key.

The next day I saw legal advise and was told I was treated unfairly I do not want to go down the route of unfair dismissal. I asked about setting up on my own as my boyfriend lives 0.5 miles from the salon and I'm contracted that I can't work within a 3 mile radius for 6 months and that I would not do any salon clients for 12 months,,,,,Well legally she can not hold me to the 3 mile radius and as long as I do not turn up on a clients doorstep or ring them then I'm fine at go ahead. So I have done just that,,,,,

Well yesterday I recieved a letter from her saying NOTICE OF INTENEDE COURT PROCEEDING. She will be suing me if I carry on doing salon clients, she wants to proceed by suing for LOSS OF EARNING and breach of contract. I keep having salon clients contacting me and asking is I'm ok beacause they are being told I'm on conpassionate leave.

The only clients I have gone out of my way for is the electrolysis clients because I have to register with the borough council and have since decovered that I was not registered at the salon and that I got into trouble for not the salon.
Things are getting stupid I just want to get on and make a living we have had to but the ivf on hold because the money from that has had to go on me setting up. We wanted to get married and have a baby next year not set up a business.

Has anyone got any advise on this?????
sorry it's a long tread but just wanted to include everything.
thank you

 

[daisyl]

Kezza

As an employer I have to say, I can understand why your boss would not be too happy.

Firstly to find a list of clients names in your treatment room - data protection issues come to mind. Secondly, had you asked permission from your employer to take such details - was she aware of this? If not, then I am afraid if this was one of my employees, they would be dismissed, without question. If however, she was aware, then that is entirely different.

Running a salon is not about being a beauty therapist - I am not a beauty therapist - but I run a successful MediSpa, so I think your comment about 'she isn't even a therapist' is unfounded. Believe me, delivering the treatments is the easy part!

I do not wish to sound harsh, really I don't, but I do think you have a case to answer here in relation to obtaining client data and providing mobile treatments. Do you have a contract of employment (I am presuming as a legal requirement you do) - I would have thought there would be a clause in your contract regarding mobile treatments? Are you in breach of this?

I hope you manage to resolve this with your former boss, particularly if she was a friend. I hope it works out well. But I can only answer honestly from an employers viewpoint - and I wouldn't be too pleased!

 

[shedunlop]

You will need to take proper legal advice on this. Even then I know the law is a bit woolly! My sister had a similar situation as a driving instructor. She lived a few hundred yards from the driving school she worked for and when she left they told her she would not be able to run her business from home. She won her case as the opinion of the court was that they could not take away her right to earn her own living but she was not allowed any existing clients of the driving school.

I know it is hard but I would try and build on clients outside of the 3 mile limit and stay clear of the existing clients until the time has lapsed. Can she service these clients though as you said she isn't qualified herself? Has she found a replacement for you?

On the up side you will earn more than you were so you will see this later as a good thing and you will have flexibility when your baby comes along if you are working for yourself.

Maybe taking the route of unfair dismissal would encourage her to leave you alone? As I said take some legal advice and you will feel better.

Good luck with everything

 

[kezza*]

The client list was in my bag and I was not going to use it for myself. She now has the list. The thing is I signed the contract but never thought I'd be sacked, but the contract is between me and my boss and I do not understand how if someone rings me for an appointment I can turn around and say sorry I can't because I signed the contract. The clients have a right to go to who they want. The salon is losing clients and they are going elsewhere because they are telling me. She has since replaced me. I know it's hard running a business but thats what I have been doing for the past 3 years for her. Again in the contract it does state I can't do mobile but she kow that I did do it.

 

[daisyl]

Obviously you are going to need legal advice. I do hope you get some resolution without having to go down the tribunal route - for all concerned. If you have signed a contract agreeing not to do mobile though - you are in breach (I would have thought)!

If clients contact you - then, I am guessing, that would be a different matter. Just be careful regarding obtaining client data - you could unwittingly get yourself in further hot water. By your own admission you have taken details, recorded them and put them in your handbag - not good!

I hope it all works out.

 

[steve@nouvatan]

This is really tough on both you. I take it its gone way beyond talking?? if so could I ask what kind of salon it was? and what treatments they do. Are you only obliged not to offer those clients the treatments they had at the salon? You could seek advice on that as you could start mobile offering alternatives. If you haven't already speak to ACAS 0845747747.
Good Luck- Dawn Nouvatan

 

[jes]

I'm contracted that I can't work within a 3 mile radius for 6 months and that I would not do any salon clients for 12 months,,,,,Well legally she can not hold me to the 3 mile radius and as long as I do not turn up on a clients doorstep or ring them then I'm fine at go ahead. So I have done just that,,,,,

Again in the contract it does state I can't do mobile but she kow that I did do it.

Hi, A contract is a legal document. If you've signed you name on it then you are agreeing to the terms and conditions on it. If you break the T&C's then your in breach of contract.

Salon owners have to protect themselves so radius clauses, on contracts, are common place. I actually think the three mile radius is very reasonable.

I started to takename and addresses of clients and was going to what areas they come from as to do a leaflet drop,,,,

The client list was in my bag and I was not going to use it for myself.

I'm sorry to have to say it, but in a court of law I think you'd have trouble convincing them of your leaflet drop intentions? If nothing else there's a serious breach of the data protection act.

Sorry to sound harsh, I don't mean anything personal, I'm just expressing my understanding of the situation (which could of coarse be wrong)

 

[number1kitty]

Sorry I do feel for you however I fail to also see why you need clients names and addresses?

If it was for the reason you mention then I would have done a tally sheet and written each area out then tallyed the amount of clients in each area. I don't get why you need to take them details down.

Whether you get sued or not is another matter. At the end of the day are you worth suing? Do you have equity in your house or savings? If you don't then is this former employer going to waste a lot of money (and we are talking thousands) to really take you to court.

Speak to ACAS and your solicitor. Perhaps write a letter, apologise for what has happened and perhaps try and come to a mutual agreement that you only advertise outside of a 3 mile radius until your out your contract fully.

There is always two sides to every story and the court will look at the black and white of it.

As regards to being unfairly dismissed I think I would have took the same action as your boss and its called gross misconduct which protects the employer.

I hope you get a resolution for you both ~ as the stress alone will be hard let alone the amount of extra money you both lose due to solicitors and court fees. Like most situations that result in court ~ the only people that win are the solicitors.

Kate

 

[kezza*]

I do understand what your saying but I have already seen legal advice when it 1st happened and the 3 mile radius she can't use it I know it is the contract. I do understand where my boss is coming from and please do be harsh I rather have all the information so that I can see where to go from here. I was never going to use the information for myself. I have always help her to promote the business, e.g I told her about emailing clients with monthly offers, xmas cards doing a voucher for january and february, I thought she would have trusted me enough to have seen that it was give areas for a leaflet drop, or even a specail voucher for them.
I would never have set up on my own if i wasn't pushed to do so. The thing is she is losing clients and they have not all followed me I only have about 10 of the regular ones that have come with me.
I have spent a lot of money advertising in the last few weeks andnot once have a mentioned the salon name but Im getting alot of people who I have never done before. I will see some1 legal and see where I stand.
If I can't do salon clients I understand but how do I tell the clients that?????
And is it just the regualar salon clients????
What about the clients that come just for holiday time etc?????
I'm not promoting myself in anyway as formly from xxx salon
And every client that did go to the salon, there have been there since I have left really have not been happy with the way they were treated and the treatment,,
I'm the only person there that did nail extension and 1 client was told to go elsewhere.
I'm not setting out to pinch the salon clients, I'm just looking at building up my own clientele but it's hard if there is restriction.
It's too much

 

[number1kitty]

I think the 3 mile clause is a silly clause that will never stand up in court, however it may be wise trying to abide by it to appease your ex employer.

If a client comes to you that is ok, you do not need to turn them away. From what I have been told its only bad if you go poaching them. In all fairness this probably hasnt helped having those details in your bag.

Your both now probably have your backs up but if you try and come to some understanding it will be more beneficial to you both.

As I and everyone else has mentioned you should seek legal advice. Even if any of us have faced a similar situation, it will still be somewhat different from your own experience. I hope you and your ex boss get things sorted soon.

Kate

 

[Nco London Gina]

Aside from the 3 mile radius situation, did you tell her you were taking a list of the clients details?

I am assuming you didn't? As a salon owner myself, you can imagine how that looks, regardless of what you intended to use them for.

I think there is a data protection issue here as well really.

I hope you work things out, but for your own sake, when you set up your own business, do it on your own merit - don't try and steal your business from some-one else
(not saying you are!! - but a point to others reading this)
It is a shame you have fallen out with her after all those years.

Gina x

 

[kezza*]

The thing is in the letter she has stating that its because I 'm doing salon clients that she will proceed in suing and not because of the client list or that I'm with in the 3 mile radius sorry I should have stated that more. She has put please refain from contacting any of the salon clients. But salon clients are contacting me.

 

[number1kitty]

The thing is in the letter she has stating that its because I 'm doing salon clients that she will proceed in suing and not because of the client list or that I'm with in the 3 mile radius sorry I should have stated that more. She has put please refain from contacting any of the salon clients. But salon clients are contacting me.

Then don't contact her clients by any means so she does not have proof of that and court is never going to be an option.

Sounds like an idle threat and very few people ever go as far as court. My Sisters a solicitor and she reckons only 10% of any case gets as far as court whilst the other 90% is a threat to scare people into submission.

Write her a nice letter back stating you are not after poaching her clients, and that you see how it did look from her POV and that you are sorry it has led to the current situation. Say that a few clients have found you by chance for the nail extensions and think it an unreasonable request fot you to turn them away especially now you really do need the money.

Add in the letter you will refrain from hurting her business as much as you hope she will do the same to yours, and that you hope you can can meet an amicable agreement and work together in the same town.

I would also advise you be very careful what you say to any of your clients no matter how friendly they are. If they ask just say it was a mutual decision and leave it at that. Don't upset the apple cart as they say.

Most situations can be resolved, but you really need to put it down to her in writing in a nice way. After all she is only trying to protect her business too.

Kate

 

[ch4rli3]

Why did she go through your bag ? Did she know you had got the list off the salon database?

 

[jes]

The thing is in the letter she has stating that its because I 'm doing salon clients that she will proceed in suing and not because of the client list or that I'm with in the 3 mile radius sorry I should have stated that more.

Ok, she's claiming that you've poached her clients, but she'll use the client list as evidence and the radius clause will be used to strengthen her argument.

But salon clients are contacting me.

Again, I have to say alarm bells are ringing. Why are the salons clients contacting you personally? How did they get your telephone number unless it was from you ex-bosses salon?

 

[Ruth Mills]

Why did she go through your bag ? Did she know you had got the list off the salon database?

And if the database is on a computer system, has the computer system logged the fact that you were doing a search for client details? As the salon owner could use this as evidence against you if the logs say that you were listing all the client details on a particular day (assuming you had no valid reason to do so for your work in the salon)...
Posted via Mobile Device

 

[Tanya.]

I think she is trying to scare you.

Lawyers and courts cost money and time.

I don't believe she can keep you from working.

Consult with your attorney for the bottom line. Clients will find you if they want. As far as servicing them, that's a judgement call on your part. I trained as a colorist in a world known salon, and I can remember the head colorist saying to me "Your clients are not your friends." I thought, yeah right. Later, his words haunted me because it is so true. Trust yourself, and it may be worth your sanity to let those few clients go. Sounds like the mobile is taking off and I would just roll with it.

Operate your business with honesty and integrity and it will soar.

Best of luck to you, and don't let this mental case get to ya!

 

[hippy-chick]

They got her details because she has been advertising. Is that right?

Is she legally allowed to go through your bag?

 

[FlawlessBeauty]

In my opinion, she is just trying to scare you. These types of cases normally cost a lot of money and she wouldn't get much from you.

I have also been told that the 3 mile clause is rubbish.

It was a silly mistake to take down the clients' details and keep them in your bag, but never mind now. I'm sure she would be in trouble for going through your belongings without your permission also.

Client's can come to you, which they may well do from your advertising or other clients, and you can do treatments on them. However, you can't chase after them (which i know you're not)

I would not even bother replying to her. Don't worry unless you actually get a court summons.

Good luck with the wedding and the baby xxx

 

[kezza*]

Thank you all for your comments even the harsh ones. I'm seeing a solicitor tomorrow, I don't want to go though court I understand she is just worried it's just when you get a letter like that it just scared me and in the last few days I have been so scared to do any advertising. I don't want to take her business. They say clients will find you and believe me they do.
thank you