Discussion Board:
Bulletin Boards > A day in the life of.... > violating a non compete agreement
Posted By:
Posted By:latina82 on: 5/1/2011 11:43:51 PM


Display:
Author: Thread: violating a non compete agreement
latina82
Posts: 5

violating a non compete agreement
Posted: Sunday, May 01, 2011 11:43:51 PM

So I finally left the chain I was working at and took a couple of weeks off. I had to sign a non-compete at that chain. I HATED it there, I knew I wasn't getting anywhere professionally or with my skills, and the owner belittled me because of my speed.  40 min. to an hour on a woman's haircut is apparently way too long.  ANYWAY.....tomorrow I am starting at a salon that is within the 10 mile radius and and so excited but I'm terrified of what would happen if my previous employer found out and decided to take action.  I went to several interviews and looked at soooo many salons that were out of the radius and this one is just PERFECT for me (besides it being within the 10 mile radius!) A girl I worked with at the chain told me that a couple of girls have breached the contract and just never got caught.  She said that it's all about who all I tell.  Well..I don't keep in touch with ANYONE at that chain so I don't plan on telling anyone.  Figured the only way I would get caught is if the owners went out looking to see if I was in any nearby salons.  How else would they find out? I was only there for 3 months and didn't build much of a clientelle...I wouldn't want to "steal" those clients anyway....they were all people who would complain about a $15-$20 haircut and came in with 9.00 coupons!  So I wonder if the owner would even bother coming after me knowing that I didn't establish myself there and wouldn't be hurting his business by working nearby.  What would happen if he did though? Would I be sued for money or just forced to quit first?  Anyone have any knowledge on this PLEASE fill me in!  I'm so excited about this opportunity yet so scared of being sued! 


 



Remy Blue
Posts: 212
Bronze Member

Posted: Monday, May 02, 2011 1:22:46 PM
It depends on the details of your non-compete agreement. You stated there is a 10-mile radius restriction but you did not state how long this agreement would be valid. 30 days? 60 days? 90 days? That is a key factor in your situation because by law, non-compete agreements must be reasonable.
If you are in violation, yes you can be sued for monetary damages. Also, your former employer can legally bring a lawsuit against your current employer for causing you to break your contract, in which your new employer may have to pay $$$ and can also lead to your termination.
I don't know how often it happens, but it does happen.

latina82
Posts: 5

Posted: Monday, May 02, 2011 8:10:45 PM

The agreement was for one whole year. I didn't get to have a copy so I don't know/remember the other details.  I just know of the 10 mile radius and that it's a year. I know, stupid to sign something and not read more carefully or DEMAND a copy. They were always so strict with what paperwork they let us keep. Like their payscale, we had to hand copy it on a piece of paper then give them the original page back.  I just don't feel that I am hurting their business one bit.  They were soooooo slow and I had not even a handful of clients that I would consider "mine".  I was thinking I might call a lawyer, I know many of them will do a free consultation. Today was my first day at my new salon and I LOVE it! I keep thinking of how would they ever know I was there?? It's been a month since I quit and felt that maybe they'll just forget about me.  There are other employees of theirs who were there for years with a large clientelle who have left on bad terms, I figured they worry more about those kind of employees, not the "worthless" ones like me.  BTW, the day I quit, that is what the owner called me, worthless to the company and that I'm ignorant, he seriously wanted to to say it out loud, that I'm ignorant. 


Well....I even thought about calling the owners and asking for a copy again of the agreement but then I worry that will make them suspicious and start looking around. I guess it's all up to them if they do find out if they want to come after me or not. I almost told the owner of my new salon about the contract and that I was worried, figured I'd be 100% honest but I kept my mouth shut.  I don't want to risk losing my job already in case they don't want to hire me because of it.  I am sooooooooooooooooo over contracts!!!!!!!!!!!!! To those of you who are new in this industry, do not sign a contract. I don't care how great the place seems, you NEVER know what will happen. 


Oh, and my previous employer didn't tell me I would have to sign a non compete until after I was hired and on my first day, when I was filling out my tax forms and paper work, it was in there with all the paperwork.  I read somewhere that they must first tell you before hiring you that you will be required to sign a contract.  Anyone know if there's truth to that?  I decided today that I'm going to just stick it out....if I get caught then we'll see what happens.  I hate to say that but what other choice do I have?  This new salon fits me so well....and on my first day I had 4 walk-ins already.  I only worked 5 hours and stayed busy the entire shift! I think I may change my schedule to longer days. 



Remy Blue
Posts: 212
Bronze Member

Posted: Monday, May 02, 2011 10:50:16 PM
Even tho, you signed after you were hired, it is still valid in some states. A year is a long time. More than likely they won't sue you, but its just a chance that you take. If the issue comes up(which it may never do), then just deal with it @ that time. For now, Concentrate on your new salon and building your client list.