Sassy Hassy
Well-Known Member
Retribution is sooooooooo divine!!!!!!!!!!!
CreativeMad said:
Feel really let down n hurt
- Thread starter sequinto
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Do-it-all Deb
Well-Known Member
Quote "I am so glad that I started mine on acontract as I have just been able to claim back traing costs from a tech that left my emplyment within 12 months, I can also restrict where she works as in not within a 20 mile radius of the salon either mobile, from home or at another salon. If you would likea copy of my contract then I can send you one."
I think this may have been touched on before, but I just wondered if your contract had been drawn up by a lawyer? The reason I ask is that I believe if a contract is too restrictive it is not actually enforcable i.e. it may actually be preventing a person from gaining employment elsewhere and therefore would not be held up in court if as an employer you did try to sue them.
Is the restrictive clause for a specific amount of time? For example cannot work within twenty miles for a period of six months after leaving employment? Would love anyone with a legal understanding to give more info on this.
I think this may have been touched on before, but I just wondered if your contract had been drawn up by a lawyer? The reason I ask is that I believe if a contract is too restrictive it is not actually enforcable i.e. it may actually be preventing a person from gaining employment elsewhere and therefore would not be held up in court if as an employer you did try to sue them.
Is the restrictive clause for a specific amount of time? For example cannot work within twenty miles for a period of six months after leaving employment? Would love anyone with a legal understanding to give more info on this.
pretty&pampered
Well-Known Member
you know i would give anything to get a career in a salon, unfortuntly there never seem to be any opportunities where i live. I feel so sorry for you having being treated like that, its just a shame that there are people that would do things like that as i said its a great oppotunity as she is throwing it in you face. frog march her straight to the door and find somebody who is appricative of you.
As long as the clause is time and distance restricted and not complety unresonable then you can have such a clause. My contract was done by a consultant and I am very pleased with it, it covers everything and therfore provides protection for the salon and the employee.
Welsh Geek
Well-Known Member
I agree with Ruth.... Wow what wise words... wish I'd worked by these before!
I've had this happen to me a couple of times already, its rife in my area, It is hard not to show your clients your personal feelings when you feel so let down... I am looking for new staff yet again, but it makes it very difficult when you feel you cant trust anyone!!
With my latest staff disaster, she did bad treatments (tans) on a bride and her bridesmaids, which cost me dearly with compensatory treatments. and she even contacted one of my suppliers to get copies of a certificate that I had only recently paid for,without asking me. Then she booked herself onto the same nail course as my daughter, when she was due to work, without telling me, knowing she would be leaving me short staffed.. Obviously I couldnt trust her, and she left!
It would be nice to find a genuine person who really wants to do an honest days work, and who can be trusted with the business that you have worked hard to build!
I will try to think about what Ruth has said though in future.... We must not be drawn into arguments about right and wrong.. It is important to be professional!
do as the others say and keep your head held high - you are the better person[/QUOTE]
I've had this happen to me a couple of times already, its rife in my area, It is hard not to show your clients your personal feelings when you feel so let down... I am looking for new staff yet again, but it makes it very difficult when you feel you cant trust anyone!!
With my latest staff disaster, she did bad treatments (tans) on a bride and her bridesmaids, which cost me dearly with compensatory treatments. and she even contacted one of my suppliers to get copies of a certificate that I had only recently paid for,without asking me. Then she booked herself onto the same nail course as my daughter, when she was due to work, without telling me, knowing she would be leaving me short staffed.. Obviously I couldnt trust her, and she left!
It would be nice to find a genuine person who really wants to do an honest days work, and who can be trusted with the business that you have worked hard to build!
I will try to think about what Ruth has said though in future.... We must not be drawn into arguments about right and wrong.. It is important to be professional!
do as the others say and keep your head held high - you are the better person[/QUOTE]
Welsh Geek
Well-Known Member
Yes... I looked into this kind of contract, and found that when I checked with a solicitor. It would probably be thrown out of court due to its being to restrictive.... eg; how can you say a person cant go to work for someone else locally??? why should they do their chosen trade twenty miles away??
With my own contract we looked into what could be resonable and therfore enforceable!! we found that we could onlt be reasonable by allowing a three month reprieve for our business. eg; we have written in that a member of staff cannot 'seek to actively canvas customers of the salon, either for theie own benefit or for the benefit of a third party within three months of leaving their employment. they also have to pay for any training expenses they have been allowed if they leave within one year of receiving training!
I knew I had a bad employee recently, when she refused to sign such a lenient contract..... she had it checked by someone and refused to sign it because it was 'legally binding'..... well of course it was, it is a contract after all!!!!
With my own contract we looked into what could be resonable and therfore enforceable!! we found that we could onlt be reasonable by allowing a three month reprieve for our business. eg; we have written in that a member of staff cannot 'seek to actively canvas customers of the salon, either for theie own benefit or for the benefit of a third party within three months of leaving their employment. they also have to pay for any training expenses they have been allowed if they leave within one year of receiving training!
I knew I had a bad employee recently, when she refused to sign such a lenient contract..... she had it checked by someone and refused to sign it because it was 'legally binding'..... well of course it was, it is a contract after all!!!!
Do-it-all Deb said:
talented talons
Master Artist
I agree you need a contract when employing anyone as unfortunately some will take you for a ride. I think its awful that some people are just out for what they can get. Its a shame because it means you get looked at in the same way when you are looking to start out. Good luck in finding new Techs both of you, it must be awful to keep going through it.
In the clause it states that if we have paid for their training in certain systems then they cannot go work for the cometiton or set up in competiton within a set time or radius, it's part of the competition clause.
[/QUOTE]Welsh Geek said:
It really is so upsetting when the staff you have bring your name and service down. They can do more damge thatn good and you jsut feel like crying, but it isnt just restricted to the nail business it is like it in all sectors. People want jobs, not work though just a paycheck at the end. Us hard workers are a rare breed you know !
lindag
Well-Known Member
Well i'm not sure about the UK but it is against the law in Ireland to "steel" clients, and using your products in the eveing is also against the law.sequinto said:
You could su her, but in my opinion I would confrount her tell her you know that she is steeling clients and material from you, that you are not going to su her but you want her to leave and you are not paying for her last weeks/ two weeks wages to make up for the stolen stock.
