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Old 02-29-2004, 12:01 PM   #1 (permalink)
 
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We all know that non compete agreements usually do not hold up in court. But, they can still be very effective.

When we train someone and get them certified it really hurts when they go to work for a competitor.

Another issue is that when an employee thinks giving a free session to a friend or family member is no big deal.It really is. It is theft.

The solution:

1. Have them sign a non compete that simply states they will not work for a competitor within a ten mile radius for at least 2 years. You may even add a charge for payback on training and certification if they do happen to go to work for a competitor.

2. Having your employee signing a form that states giving away free tans,products, or other services when they are hired will definately put an impact on how they conduct business in your facility, You can state that this type of behavior is theft and can result in immediate termination, and payback for theft.

You may want to have a lawyer right this for you, or just keep it simple and do it yourself.

I think the key is, not be a tyrant when explaing this, but being professional and very nice. The words in the agreement will be the bad person, it takes the whole issue out of your hands and puts it into writing.

I really beleive that the theft part would obviously hold up in court. It will also make and employee take there work more seriously and lower theft rates.

The non-compete part will discourage most employee's from going to work for a competitor, simply because they will always remember that non-compete signing. This is why a lot of companies in other industries will do this. They know it probably will never hold up in court, but will discourage most people from moving to an immediate competitors workplace.

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Old 03-02-2004, 08:54 PM   #2 (permalink)
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Are you serious. If you lose a employee to another salon maybe it was your fault. When we have had other salons open in our area I have encouraged my crew to seek out management jobs. I want the best for my employees and I think they know that. I have never had anyone leave me for another salon. I have how ever picked up a couple of great girls from other salons.
I may be wrong but I dont believe that no compete clauses are generally used for small business. It it usually for big business. It will hold up in court. Who is going to spend the money to go to court to retain a bed cleaner or a computer person. I mean come on its not like they are lawyers and they are going to take clients with them.
Whats the big deal about giving away a couple visits a day. I see it as a fringe beneifit, and besides if they really want to do it they will - you cant stop it. It is better to regulate it.
Also way did you post that "it will not hold up in court" But then you say get a lawyer to write it for you.
I have seen your recent post on here. Someone tell me who this guy is. If you cant post it here email me or pm me.
Lower theft rates. My theft rate is near 0. How bout treating people with respect and being a little more careful in who you hire. Put it off on the form, make the form the bad person - are you an adult. Cant you tell people what you expect of them without a form.
Again are you serioius.
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Old 03-02-2004, 10:51 PM   #3 (permalink)
 
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Who are you ? You are one salon owner who thinks your thought process is the only way ? I posted this because with the maturity of an industry, Professional salons need better ways to protect themselves. If you just spent a year training someone.That is if you have a training program, and took an employee to a show or two. And they leave and go to a competitor. Is that non harmful. And you are right non compete agreements are usually in big companies.... I think you missed my whole point... Well... actually you did miss my whole point.I was not suggesting you be a tyrant with this type of thing. I was suggesting that it be used in a very positive way. And most non competes do not hold up in court... not in small business anyway.

Can someone not post on this site, without getting blown out of the water. I appreciate part of your opinion, the other... well you know I am not going there Think what would happen if everyone that joined TanTalk had to sign an agreement to be professional and courteous. You would see three times as many things being accomplished, and a lot more posting and discussion.. You have to put on your armor before even signing in.... Have a nice one
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Old 03-03-2004, 04:04 PM   #4 (permalink)
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Maybe I went over the edge a little. Also I just manage a salon. I dont like to give anyone the wrong impression that I am something that im not. Are you an owner? Or do sell lotion?
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Old 03-03-2004, 04:22 PM   #5 (permalink)
 
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I am a consultant that currently works with multiple salons in the industry (22 states). My background is equipment sales. I no longer sell equipment. And I do have a lotion line, along with other services that we offer to our network. I am not a distributor, or lotion company. We create exclusive tools to help our network.Our philosophy is to build a network of independent salons, thus creating a strength that gives us more strength as a group."Uniting entrepreneurial minds for a stronger tomomorrow" is our slogan.
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Old 03-03-2004, 09:42 PM   #6 (permalink)
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huh
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Old 03-04-2004, 08:01 PM   #7 (permalink)
 
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I have a contract for my salon. I have a full service salon.. so it deturs them from trying to take their clients with them. If I pay for all the advertising and everything to build their clients, why then should they take them somewhere else and make them money? as far as my tanning staff...they know not to even try to let someone steal from me, and I do pay for their training so you don't want them to take that knowledge somewhere else, so I try to be very fair. I think the contract works and I wouldn't do without it.
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