Just quit my job in the Spa because of contract

[franjess]

I just quit my job at a new beautiful Spa because owner wanted me to sign a contract after being there 4 months already. Now 4 months of many long payless hours tring to bring in customers, I'm building clients and the owner now wants me to sign this agreement that if I quit I couldn't work within 30 miles or call on any of the clients for 5 years. That was rediclous. So then she put together another agreement of 15 miles 2 years. I told her I would only agree on 10 miles 1 year because I live 2 miles from the Spa and that would mean I would have to travel to far to work and I think 1 year is plenty of time for her to replace me and clients to know if they wanted to stay there. In 1 year she may lose them anyway if they don't like the other techs work and move on esle where.

I think contracts are one sided. After all she may have got them in but I'm the one that convinced them to stay and keep coming back. Oh and I also advertised to bring them in.

Did any one else sign contracts? And what did it say about miles and years of no compete.

 

[user 35377]

That is really too bad. We don't have non-compete contracts around here (which surprises me), but then again--we barely find someone with an actual rental contract either! Defo the country of "the good ol' boy handshake"! Which usually doesn't come out so great either. She wouldn't come down to your suggestionm, huh? That really doesn't make sense, especially 4 months down the road! If she had come to you with this up front then I could see not negotiating it down--but this far in!?! That's just silly to expect you to sign something like that after you have demonstrated your worth to her! I hope you find your place soon, and in your rental contract make sure that this kind of thing doesn't happen again!

 

[fozzyo]

Quite often those kind of contracts are very hard to enforce. What if you work for another company and they bring in a client, and that salon / spa is only four miles away. Who's liable then?

When you leave a company what can they do to enforce a contract, there has to be a clause that explains what the resulting action would be surely.

My experience in the corporate world is that Gardening Leave is used a lot more. If you worked for a competitor or were in a position where you can access certain data (IT staff for example) you are put on full paid gardening leave until the end of your contract. So if it was one month notice you get a months paid leave, three months three months paid leave.

Mat

 

[daisyl]

Its a legal requirement for an employer to provide a contract. It offers protection for the employee also. Any clauses have to be 'reasonable' - a 10 mile radius would not be deemed reasonable so therefore would not be enforceable in any event.

 

[shedunlop]

I think 10 miles and 1 year is fair! Her first offer was ridiculous!! It is hard to enforce as was said before. Silly woman wanting a contract so far in! Good luck with whatever you choose to do.

 

[daisyl]

I think 10 miles and 1 year is fair! Her first offer was ridiculous!! It is hard to enforce as was said before. Silly woman wanting a contract so far in! Good luck with whatever you choose to do.

No - What I mean is unreasonable to the employee! Normally a 3 mile radius and 6 month clause is deemed reasonable. 10 miles would not be deemed reasonable to enforce and so would be in favour of the employee.

 

[Lynne Baker]

Not sure how it works in the States though...

 

[The Nail Girl]

Hi,
I don`t know how employment law works in the States.Here,3 miles and 6 months is about the most an employer could ask.I`d always recommend taking some legal advice.Many contracts are`nt worth the paper they are written on,especially if they`re over the top,as it seems yours was.By law in this country you should have an employment statement(similar to if not deemed the same as a contract) after 8 weeks.If not the employer is in breach of employment law.
Find a good lawyer to check the next contract out-it`ll be well worth it,and every one knows where they stand-you especially.

 

[franjess]

Thanks everyone. It was weard how I started there anyway. I just went in to look at the place and she ask me to work there. I said I'd think about it and she called me the next day to come in to do a client so I did and then she sent her family in for me to do to get me hooked. We never talked about contracts or anything. She has me as an independent contracter making commision.

When I refused to sign the contract she lowered it to 15 miles 2 years non-compete and no soliciting any of my clients. I don't think she tought I would really quit. When I told her what I would except she said she had to talk it over with her lawyer. I told her I would finish out that next week till then. Next week I finished out and asked for my checks (she wouldn't pay me for the week before even though she pays weekly) I was afraid she wouldn't pay me. To make this short she wouldn't pay me in-less I signed this no soliciting my clients ever termanation agreement. Is that legal?

 

[Gigit]

She can't refuse to pay you for not signing a contract that would change/alter your existing agreement. She can't deny paying you period.

 

[vitality]

Most contracts have grey areas my last contract was something similar stating you can't contact client's telling them where your next job is and can't be within 3 miles and can't open a business for a year etc.

There ways around it like putting an advert the the paper e.g. "Joe Bloggs from ABC salon is now working at blablahblah"

If you had verbal or oral contract with your employer of an implied fact stating that you would get an hourly wage and get paid weekly, in which you agreed then your employer has breached that contract. You should ring your local citizens advice bureau. x x

 

[honeycure]

She can't refuse to pay you because you didn't sign the contract. You performed a service for her, if she doesn't pay you I'd definitely take it to small claims.

And you did the right thing. The contract sounds ridiculous.

 

[franjess]

I already signed that termanation when she gave it to me. I was hurt by her still insisting I sign a contract even after I said I didn't want to sign anything except what I told her. I needed my checks I had a good two weeks and didn't want to loss it.

I was very valueable to her. I'm very professional and skilled in ever thing to do with nails and then some. I adviced her she could make more income if she gets rid of the cheep nail products and raise her price to equal the skills because she said she wasn't making anything from nails and no wonder. She was attracting the wrong cliental that couldn't afford the skin care she offered because most of the people walking in there wanted nails done which I then would direct over to skin care. But if there where cutomers just looking for cheep deals they never could or would do facials or skin care of any kind except cheep brow waxing. My advice was working and brought in more clients that could afford her Laser and skin tighting. I feel she was tring to provent me from going anywhere esle with that 1st agreement but it back fired on her.

 

[franjess]

New update she redid the agreement to 5 miles 1 year, but I have spent the last 2 days fast forward with my own company again and bought new cards and advertising. Not sure what I'm going to do now. My mind has changed direction. Not sure I want to work there any more?

Anyones thoughts please? The Spa is new, clean and beautiful. No Hair. Nothing like it by me so far and I really don't want to work out of my home any more. I have had offers to freelance in other salons near by (commision 70%) but it smells bad and not very clean. Perms and hair dryer noise. Don't miss that. I'm spoiled now.

 

[Lynne Baker]

Hang out for what you want.

 

[franjess]

Just one more thing and a warning to others If you keep records of what you do and your tips in a record book make sure its your book and not from the owner. Any one know if Salon Owners are allowed to take my record keeping book (she gave it to me)? I keep track of who I did and how much I charged including tips. Because now I have no record of tips. I ask if she could scibble out the names and #s and give it back but she won't. I useally keep records on everything I do incase I need to improve on something if clients are having problems & I write notes on things I learn from new products. I will bring my own record book next Job. Sad thing is I already had one but she had hers there for us to use. Now I know why.