Contract with employees

newdawn · 03-12-2008, 01:16 PM

I was wondering if anyone has their employees sign a contract that they can not work for or open a tanning salon for 2 years after they quit working at your salon. I know a lot of companies do this but does anyone in the tanning industry? If so, do you need a lawyer to write the agreement?

unity · 03-12-2008, 01:32 PM

Depends on your state, but non-competes are illegal in many states. An employer, even a former, is not permitted to prevent one from making a living. I would hardly call a tanning salon employee a "trade" but if thats all they have done for years then it could hold up.

Honestly they are used as more of a scare tactic.

newdawn · 03-12-2008, 01:42 PM

I know it is legal in MA. I had to sign one for my last job but I was a Manager with a Manufacturing company.

unity · 03-12-2008, 01:55 PM

Quote:

Originally Posted by newdawn

I know it is legal in MA. I had to sign one for my last job but I was a Manager with a Manufacturing company.

Just cause you singed one does not make it legal. I went thought this when I was an systems operator for an ISP. I quite my job there only to find they faxed my non-compete to all the ISPs in the area.

It went to court, the verdict quick since non-competes are not allowed.

However, there are trade-secret contracts. Where one can nor reveal operations and other private company info. Those are legal, but they do not prevent you from working at a competitor.

Maybe Gidget can chime in!

newdawn · 03-13-2008, 11:25 AM

Spoke with a lawyer. It is legal in MA. Because all the technicians have full access to the customer database and the income thru suntouch in might be something to consider. I have an employee who worked for another salon. You would be surprised what info she has.
Dawn

unity · 03-13-2008, 11:29 AM

If its legal then I would consult that lawyer to have one written up if you wish. Since its legal I am betting he has done them before and probably has a "generic" one to send you. If a lawyer does not write it up it may not hold water if, heavens forbid, you had to go into legal proceedings.

Gidget · 03-13-2008, 12:14 PM

To my knowledge I think its only in California that the non compete contracts are invalid. If a contract is drawn up and signed by both parties it becomes valid. Only legal way out of it is if the lenght of time on the contract is non realistic.

Since tanning salon employees usually go in and out I would not bother. Contracts are usually made out when there is confidential information that can be seen or copied.

03-12-2008, 01:16 PM	#1 (permalink)
newdawn Join Date: Jun 29 2005 Location: MA Posts: 88 Rep Power: 0	Contract with employees I was wondering if anyone has their employees sign a contract that they can not work for or open a tanning salon for 2 years after they quit working at your salon. I know a lot of companies do this but does anyone in the tanning industry? If so, do you need a lawyer to write the agreement?

03-12-2008, 01:32 PM	#2 (permalink)
unity I vote for DERF! Join Date: Jan 6 2004 Location: Midwest-ish Posts: 3,338 Rep Power: 6	Re: Contract with employees Depends on your state, but non-competes are illegal in many states. An employer, even a former, is not permitted to prevent one from making a living. I would hardly call a tanning salon employee a "trade" but if thats all they have done for years then it could hold up. Honestly they are used as more of a scare tactic. __________________ I lost my signature, if you find it let me know please.

03-12-2008, 01:42 PM	#3 (permalink)
newdawn Join Date: Jun 29 2005 Location: MA Posts: 88 Rep Power: 0	Re: Contract with employees I know it is legal in MA. I had to sign one for my last job but I was a Manager with a Manufacturing company.

03-13-2008, 11:25 AM	#5 (permalink)
newdawn Join Date: Jun 29 2005 Location: MA Posts: 88 Rep Power: 0	Re: Contract with employees Spoke with a lawyer. It is legal in MA. Because all the technicians have full access to the customer database and the income thru suntouch in might be something to consider. I have an employee who worked for another salon. You would be surprised what info she has. Dawn

03-13-2008, 11:29 AM	#6 (permalink)
unity I vote for DERF! Join Date: Jan 6 2004 Location: Midwest-ish Posts: 3,338 Rep Power: 6	Re: Contract with employees If its legal then I would consult that lawyer to have one written up if you wish. Since its legal I am betting he has done them before and probably has a "generic" one to send you. If a lawyer does not write it up it may not hold water if, heavens forbid, you had to go into legal proceedings. __________________ I lost my signature, if you find it let me know please.

03-13-2008, 12:14 PM	#7 (permalink)
Gidget I'm Banned Join Date: Jul 26 2005 Location: Québec, Canada Posts: 8,651 Rep Power: 0	Re: Contract with employees To my knowledge I think its only in California that the non compete contracts are invalid. If a contract is drawn up and signed by both parties it becomes valid. Only legal way out of it is if the lenght of time on the contract is non realistic. Since tanning salon employees usually go in and out I would not bother. Contracts are usually made out when there is confidential information that can be seen or copied.

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