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  #1  
Old 11-09-2009, 06:28 PM
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DrayBono DrayBono is offline
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Default lets talk non-compete contracts

so my shop owner is trying to get me to sign a non-compete which i am not very enthusiastic with. as far as what it entails it can be summed up as 60 mile radius for 1 year from separation. the biggest issues i have with it are...i relocated to this area to work in this shop...no big deal, if it was just me, myself and i, i could pack up and go anyway i pleased, but my fiance's family is in this area and that option would not be pleasant. also, i have reservations or at least enough occasional lapses in confidence in the owner's business savvy to make our business arrangement legally binding, uncomfortable. of course he says this is all to protect his business, but what about MY business and livelihood? i told him that the contract as is, is unacceptable and serious revisions need to be made and he seems open to that at least so im trying to think of ways to cover my own ass but still be fair for all parties.

the best i've thought of is a 30 day notification clause. if i plan to leave for whatever problem or greivence i give 30 days. he has that time to address whatever issues may be. if he doesn't, i'm free and clear. if he does and i still leave, the non compete goes into full effect.

i was thinking also that if i leave in order to open my own establishment the non compete is void but would be valid if i were to go to another shop in the area.

this is what i've thought up so far. any suggestions or tips from anyone from experience or what have you would be great. i know its the system we've got and have always had but the 'independent contractor' + non-competes like this can really grab us by the short and curlies if we stay naive about it all
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  #2  
Old 11-09-2009, 08:05 PM
waverly waverly is offline
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Default Re: lets talk non-compete contracts

It's not the system we have. Non--compete contracts have always sounded ridiculous to me. I wouldn't sign it but I would attempt to reason with him. If he creates a positive work environment then you would have incentive to stay there and grow with his business.
Bottom lime for me is I wouldn't sign or agree to ANYTHING that would prevent me from making a living.
Good luck with it!
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  #3  
Old 11-09-2009, 08:13 PM
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Default Re: lets talk non-compete contracts

thanks bill, thats kinda my take on all of it
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  #4  
Old 11-10-2009, 04:12 AM
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Default Re: lets talk non-compete contracts

These are all hypothetical situations, your boss may be the dopest, coolest m.f. on the planet just protecting himself or he could be a complete asshole.
Has he ever been burned previously by another worker?
What about if the shop has a reduction on work force and goes by seniority or by artistic ability and you happen to be one of them that's cut because of economic situations. I would want a clause in there protecting me from that.
Is there a shop bankruptcy clause, it could still be valid unless it's a competition clause if it's pertaining to the owner instead of the shop name(depends on how it is written) even if the shop closed if the owner just wanted to be a complete ass.
What about a fired vs. quit clause. That could play to your favor or against it. I never trust anyone much when they can get angry with you for a multitude of reasons, jealousy being one.
If the shop changes the name of the business or it switches ownership you could still be bound to the contract depending on the literature.
If the shop decided to open an additional parlor would you be bound to agreement to any establishment dealing with operating under the owners/businesses name.

I could be talking out of my ass, I've never read a non-compete contract.
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  #5  
Old 11-10-2009, 08:04 AM
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Default Re: lets talk non-compete contracts

Do not sign.
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  #6  
Old 11-10-2009, 09:35 AM
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Default Re: lets talk non-compete contracts

i could understand this type of contract if you were an apprentice and he didnt want you taking what he taught you and immediately going to apply those skills working for his competition. other than that, in my opinion it is unacceptable.
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  #7  
Old 11-10-2009, 12:04 PM
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Default Re: lets talk non-compete contracts

depends on the state also, in TN a no-compete contract is as worthless as the paper its printed on.
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  #8  
Old 11-10-2009, 02:12 PM
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Default Re: lets talk non-compete contracts

don't sign anything without running it by a lawyer first. but i would never sign anything like a no compete, f@#k off, tattoo is a very competetive business, so why would i sign anything that is designed to subdue myself. owners who ask that are insecure and generally have bad business sence. it's just anohter way to say hey buddy, if you leave, you're not get get my walk ins or otherwise select clients. it's his way of trying to corner the market.
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  #9  
Old 11-10-2009, 03:02 PM
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DrayBono DrayBono is offline
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Default Re: lets talk non-compete contracts

yeah everybody i've run this by says the non-compete is only a thinly veiled noose to hang myself with.

i consulted briefly with a business lawyer (one of those online deals) from handelonthelaw.com (good site btw)

the owner also wants me to sign a 'strategic alliance agreement' he says it simply clarifies my independent contractor status. well it does and it doesnt. the verbage is all f@#ked up but its a 3 year deal and states that while i'm independent and responsible for my own witholding, i essentially give up all of my contractor rights and am little more than an employee. under it i cant do guest spots, convention on my own or doodle on napkins for people unless its for his shop.

the lawyer said this one especially reeked and probably illegal as far as tax and labor laws go

havent spoken to him about this stuff yet but he wants to before the end of the day...sigh...
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  #10  
Old 11-10-2009, 03:20 PM
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Default Re: lets talk non-compete contracts

well good luck man. i hope s&!t works out.
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