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Posted By:Jean16 on: 10/5/2009 10:59:30 PM

Author: Thread: Non compete clause? Raises? HELP!!!!!ALL ADVICE IS APPRECIATED!!!!
Posts: 4

Work Frustrations!!!ALL ADVICE IS APPRECIATED!!!!
Posted: Monday, October 05, 2009 10:59:30 PM
Hello, I am a stylist at a salon in the twin cities area and am to the point where I am getting fed up with a lot of the things going on. I dont feel like I make enough money, and I don't feel like there is enough structure to the management. I heard along the grapevine that they are planning on doing a "Non compete Clause Contract", which I do not want to sign because I am not sure yet if I have a future worth while there! They can't force me to sign it can they? And what happens if i tell them I wont sign it? Also, I have been there for 1 1/2 years, but have built a VERY strong clientele for someone as new as I was and practically out of school... I am constantly told that they wish they could pay me more and not to sound full of myself but I REALLY feel that I am worth more because of ALL that I do for them!!! What is a fair pay raise? Every 6 mo? Yearly? And what is fair in those time frames? Thanks so much for any help!!!!

Posts: 271
Bronze Member

Posted: Tuesday, October 06, 2009 8:44:52 AM
Pay raise should be based on performance. The more $$ you bring in the more you should receive. However you must understand that the salon has to be profitable in order to stay in business. The breakdown for salons to stay in business is:

40% to stylist
10% to salon profit
25% to government tax
10% to rent
10% for cost of product
5% for everything else

If you are receiving pay equal to 40% you probably work at a successful salon, if you are receiving 50% you are working at a salon that cannot advertise, educate, or provide any new perks for the staff. If your pay rate is over 50% of what you bring in, the salon is losing money big time and will probably not survive.

As for the "contract", does the salon still give you walk-ins? Did/does the salon provide you with any training? Does the salon advertise, are they computerized, do they have front desk people, do they have assistants? If they provide you with any of this, the salon is investing above and beyond what the typical salon does for it's employees and should expect some form of protection of it's assets- the client base.

If the client base you service is very strong, you may decide to move instead of signing the contract. But, beware that only about half will follow you to your new location.

You have lots of decisions to make, but look at it as a businessman- you are already in a partnership where you receive the most of every dollar you bring into the salon.

Posts: 4

Posted: Tuesday, October 06, 2009 9:46:53 PM

well, i get paid an hourly rate, starting out at 8/hr. i was promised a raise after a few months if i could "prove" myself! Which I totally did!!! And I never recieved that raise that I was promised...infact i didn't get a raise at all until I had been there for a year. And I got a 50 cent raise. I understand that is about a 6% raise...which from what my grandpa told me is an okay raise! But my father is also a stylist and he has always worked off of commission and from what i told him, he feels i should work off of commission as well! I think that if I was I would be making a lot more money!

My Salon give walkins to whomever can take them. So yes I do get them when I can. They do provide us with training when we find the classes we are interested in. And if we leave within the year of taking that class we have to pay it back which is TOTALY understandable!!!! We are not computerized as far as booking goes. Which means we do not have a acurate way to track our retention. Although I have gone back throught the books to see what % I am booked and then compared to see what % of that are requests and I am almost 70% booked out of all the hours I work, and out of that I am about 68% booked! So for me being there about a year and a half i feel that is not to bad for the area we are in! The advertise rarely....maybe a couple times a year. We do have a front desk and receptionists! And no assistants really besides the new stylist that help out!

I understand and respect that the salon need protection for their clientele base and a non compete clause would help protect that! BUT, I live about 8 miles from the salon I am currently at. The salon I am looking at moving to is about 4-5 miles from my current salon and about a mile and a half from my home! Most of us want to work in the general are of where we live Vs. driving quite a haul to our workplace. and if i signed a 5 mile radius non compete clause then that would really deminish my ability to work closer to home! They cannot fire me for not signing it can they? what would the consequences be to not signing it?  Because the salon I am thinking about moving to, I do not think that i would lose half of my clients. I feel that I would keep enought to give me a good start!

I am not sure what kind of answer I am looking for!!! I just feel so lost and confused!!! The salon I am at now, I just feel like they do not care about things as much as they should!!! the salon itself needs SO MUCH work and nothing is ever done about it.....people keep doing things over and over and OVER that are against the rules.....ex: constantly running late...(10-20min), Constantly breaking dress code, using phones, crowding and inappropriate talk at the front desk ect. and NOTHING ever gets done about it....one person will get written up for running behind on clients (she is normally not super booked) and then there is someone who is a HUGE asset to the salon and runs10-20 min late for EVERY shift which in turn runs 10-20 min late for every client and they NEVER say anything to that stlyist because, "whats the point, she will never be on time, plus she is always busy"!!! I CANNOT STAND THE INCONSISTENT MANAGMENT AND DISCIPLINE!!!!!AHHHHH everything just irritates me! No one except for a VERY select few really take their CAREER seriously! Sorry for blabberin!

Posts: 1196
Platinum Member

Posted: Tuesday, October 06, 2009 10:27:01 PM

what is stopping you from going to the new salon?

maybe you need to think about the pros and cons of moving on.

does the new place have education, walk ins, etc?

do they give commission, or the same as what you're making now?

follow your instincts,and you'll figure it out.

is that contract a reality or a rumour? have you had to sign any other contracts while you've been employed there? if it hasn't happened yet, don't worry about it. it has made you realize that you are not happy, and looking for change . nobody can make you sign anything, but they will figure you're planning a move if you won't sign it.

Posts: 4

Posted: Tuesday, October 06, 2009 11:10:10 PM

the only reason i have not gone to the new salon yet is because they have gone under new ownership and need to get busier before they take on another stylist....i know i have a in though because two of my friends are currently there and i talked to the manager today and she said as soon as they get busy enought she will call me. they offer 10 dollars an hour and then 50% commission once you hit 1200 i believe...i have never worked off of commission, but i think it sounds like a better deal! i think they have walkins and they do offer education! the contract is something that our assistant manager said they are seriously thinking about....but she isnt happy there either....and is leaving soon because she is prego...so she is at the point now where she doesnt really care. she told me to get out while i still can! lol. Thanks for the vote of confidence!!!

Posts: 24

They can't enforce it.
Posted: Thursday, October 08, 2009 1:15:37 AM

Okay, I am not a lawyer, but I've been to at least 4 seminars on non-compete agreements over the years -- each led by lawyers. And they all said that if the non-compete is not signed on the day you are hired as a condition of employment, then it is not enforceable.

It's been more than 10 years since I attended one of those seminars, but I imagine this is still the case.

These agreements must be reasonable to be enforceable. Duration can't be more than 2 years max. Geographic area restricted must be reasonable. They can't make you sign an agreement which takes away your ability to earn a living.

Don't worry. If they are trying to force this on their people then they don't know what they are doing and if they ever tried to enforce it, their case wouldn't get very far, and you could counter-sue for legals costs (probably).



Posts: 4

Posted: Thursday, October 08, 2009 10:07:33 AM
Thank you, That gave me a little closure and releif!!!!