No compete agreement

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LSADAME

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Aug 7, 2016
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Location
Murrieta California
Has anyone ever worked at a salon/spa where the employer had you sign a non compete agreement? If so did you ' break' the contract and was there any problems.
I've worked at a spa for almost 5 years. I'm the senior nail technician and also the one who brings in the most $$ in our department. My first thread in this group was regarding my time. They were
not willing to work with me and it just created more stress and anxiety for me. ive been filling out a lot of online applications because I felt that I couldn't continue to work in that kind of environment. It made me feel good to see i got a lot of responses and even though I interviewed at places I knew I wasn't going to work at because of the distance I went because I needed to build up my confidence since the job stripped me of that. I had a conversation w/ my manager asking why I was getting stuck with all these redo's knowing I'm at risk of losing my job if I don't stay on schedule. The work I had to fix on these clients were ridiculous! This is just a couple I had to fix! Both of these clients had their services just the day before. The lady with the hard gels was charged $ 85 and they were popping off in less that 24 hours . The lady with French mani on her feet asked if working on calluses were part of our pedicure and I said absolutely. Both of these redo's ran me over the time they gave me. So I asked my manager why do I get stuck w/them. Ready for this...in their manager meetings when they discussed these types of situations my manager says to the spa director that claims she believes in exceptional customer service . They ask who can we put this client with where we know they can get the job done... My name is brought up. Now I'm told clients love me because I make them feel special and my customer service and work is exceptional. I asked how many times has anyone ever had to redo any clients I've done... None. Yet I'm being threatened of losing my job because I can't stay on time. I never had a problem with it until I started having health issues last year which is when I got my 1st write up
My 2nd and 3rd was after I came back after my surgery . Btw I refused to sign the last one. From the beginning I had said I didn't feel right and just couldn't focus and started to have these anxiety attacks which was affecting my time. When I was told no more warnings it became worse and at the end of the day on Aug 15 I had decided while I was finishing up my last client that this is going to be my last day. It felt good. The next day clients are private messaging me, texting and calling me. They were getting calls from the spa informing them I was no longer there. They started canceling their memberships. When they contacted me I just said it was time. They asked if I was going to be close I said yes. I let them know that I would be updating my Facebook with information. My former employer texted me today saying she saw my FB. I don't no how since I've always had her blocked . She knew where I was going to be working and reminded me of the no compete contract I signed. Has anyone ever been through something like this and what was the result!

[edited to remove images as critiquing other tech's work]
 
Last edited by a moderator:
I signed a no compete but it said I couldn't work within 10mils of the shop for a 3 months. X
 
you need to look at the details of that agreement and ask the advice of a solicitor I think
 
Get some proper legal advice from an Employment specialist.
The answer will vary depending on the terms of the contract and where you live.

In the UK for instance, a lot of employers found they couldn't rely on them because the terms were deemed too restrictive.
 
Get some proper legal advice from an Employment specialist.
The answer will vary depending on the terms of the contract and where you live.

In the UK for instance, a lot of employers found they couldn't rely on them because the terms were deemed too restrictive.
Thank you! I have done that. I am in California I'm told it's rarely enforced as no one can stop you from making an honest living. I did wait until I quit to notify clients through Facebook by updating my work status. I know the owner is trying to intimidate me. Thanks again!
 
It is a very inexpensive way to scare ex employees as most do not understand the risk and take the threat at face value.

In most areas, non competes will not be enforceable if they would prevent the employee from making a living. Saying that, I could envision an employer having justification in certain situations. For example: If you travel from one town to another for work, leave employment and still travel to the ex-employers town to pick up clients you took care of while working for them. In that instance, they could argue that it was not necessary for you to travel to their area in order to make a living.
 
Thank you! I have done that. I am in California I'm told it's rarely enforced as no one can stop you from making an honest living. I did wait until I quit to notify clients through Facebook by updating my work status. I know the owner is trying to intimidate me. Thanks again!
I would be sure to make sure you have spoken with a competent attorney, and double check the terms of your contract. Provided that everything checks out you should be fine. You wouldn't want to be all set up and suddenly receive a cease and desist from your previous employer for breach of contract.

I know it works very differentmy in the US, and you wouldn't want to be liable for any monetary compensation, if your old employer were to get nasty and follow through.
 
A quick Google tells me non-compete agreements are void in California.
 
A quick Google tells me non-compete agreements are void in California.
You are absolutely right!

This was an insert that I just found on google:

California Business & Professions Code § 16600 - Outlawing Employee NonCompetes:

Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.
 
So what did you end up doing?
I got a job in the next town that was over 10 miles from the shop. It wasn't hard for me though because I was living further than 10 miles from the shop so just went to the town in the other direction of that makes sense. X
 
You are absolutely right!

This was an insert that I just found on google:

California Business & Professions Code § 16600 - Outlawing Employee NonCompetes:

Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.
Yes I did find out. My boyfriend has a friend who practices in labor law and I got my answer. I did find out from David Anthony it is enforced in Florida! Thanks to those that replied to my questions!
 

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