I'm being sued
- Thread starter kezza*
- Start date
Help Support SalonGeek:
- Status
h3llsb3lls
Well-Known Member
definitely get some legal advice but the best thing to do like other people are stating on here is write her a nice letter back to her and keep a copy of any communication.....if you state that you will not contact any of her clients and will simply be starting up on your own, don't mention anything about the list in the letter but maybe explain it along the lines 'as you are fully aware i have been doing mobile clients for the last...' and just say that after all these years it would be a shame if you cannot work alongside each other blah blah blah then any solicitor will advise her that it is best to leave it....did a solicitor send the letter to you.....if this is the case don't forget that they are paid to send threatening letters full of legal jargon to scare you.....this letter alone along with a letter of instruction will have probably set her back £300 solicitors are expensive.....i shouldn't worry too much about it.....at the same time there are plenty of clients out there and therefore if you can avoid taking any of her clients then I would do even if they have contacted you.....it will probably make your life easier....and as someone else said....don't talk about it to the clients.....even if they already know.....nobody likes a gossip!!
instantspraytan
Active Member
julia_james
Well-Known Member
im sorry but if you had a list of the salons clients, surely you WERE going to poach them, or why would you have taken this in the first place,
and data protection is vital, how would you feel if your details were taken by a disgruntled ex employer, tats a fine of thousands if i remember correctly
and data protection is vital, how would you feel if your details were taken by a disgruntled ex employer, tats a fine of thousands if i remember correctly
Susie H
Well-Known Member
Hun, do NOT contact her before you speak to a solicitor.
Write down all that has happened, sticking to the facts. i.e. the reason you copied out the list, how long you have done mobile, a list of those clients to prove that they are not salon clients.
By all means write the letter you intend to send her and take it with you to the solicitor, show it to him and make sure that he approves it before you send it.
You can not be stopped from earning a living that's fact. But how you make that living is what is in question.
For existing salon clients who contact you I would say.
I have started up on my own and much as I would love to have you as a client I have a contract with my ex employer that states that I will not service clients from the salon for 6 months and that's all I am prepared to say on this subject.
I say this because you don't know if any of those clients are calling on her behalf so that she can prove (she thinks) that you are poaching, also some of them are just after the gossip and you really don't want that sort of rubbish to get back to the salon.
Yes they are contacting you, not the other way around but bottom line, you don't need the hassle.
One question, why was the salon owner going through your bag?
Something made her turn on you, what was it?
Solicitor first, then mend bridges, if you can:hug:
Write down all that has happened, sticking to the facts. i.e. the reason you copied out the list, how long you have done mobile, a list of those clients to prove that they are not salon clients.
By all means write the letter you intend to send her and take it with you to the solicitor, show it to him and make sure that he approves it before you send it.
You can not be stopped from earning a living that's fact. But how you make that living is what is in question.
For existing salon clients who contact you I would say.
I have started up on my own and much as I would love to have you as a client I have a contract with my ex employer that states that I will not service clients from the salon for 6 months and that's all I am prepared to say on this subject.
I say this because you don't know if any of those clients are calling on her behalf so that she can prove (she thinks) that you are poaching, also some of them are just after the gossip and you really don't want that sort of rubbish to get back to the salon.
Yes they are contacting you, not the other way around but bottom line, you don't need the hassle.
One question, why was the salon owner going through your bag?
Something made her turn on you, what was it?
Solicitor first, then mend bridges, if you can:hug:
geeg
Judge Gigi-Honorary Geek
Did you read the beginning of this post?
The poster explains why she had the clients' details in her bag (her explanation). WE HAVEN'T HEARD THE OTHER SIDEOF THE STORY.
I took an employee to court years ago for stealing. I got a tip off and Sent the police to her house to investigate and lo and behold 2,500.00 worth of my salon products at her 'HOME salon' that she had set up. She was arrested and a statement taken. HER explanation??? She had borrowed the products to keep her nails in good order because I, as her boss, insisted on it with all the girls that worked for me (that bit was true at any rate but they were supposed to do it in the salon with salon products or at home with their own products which they purchased from me all correct and invoiced).
This girl had no invoices to account for all the products and neither did we!!! Why? Because she had stolen them and not bought them.
This case went all the way to crown coutrt and because I had called the police it was actually they who prosecuted her (the crown) and not myself.
RESULT?? If guilty she would have gone to prison ... no room in prison for minor offenders like this .. so ... she got off BUT was ordered to return all of the BORROWED goods.
I think that even if your explanation is an honest one .. it doesn't sound it .. but I DOUBT IT WILL GO ANYWHERE NEAR A COURT OF LAW.
You made a contract with the salon owner .... abide by it! It is the right thing to do.
hippy-chick
Well-Known Member
You said at the beginning that your solictor said you had grounds for unfair dismissal.
I don't know whether that would put the cat amongst the pigeons, but that may help your employer calm down and back off.
My friend signed a contract about working 3 miles radius and not taking clients, its common practise.
when she decided to leave and set up mobile, she put a good sized ad in the local free paper every week for about a year. Most of her salon clients contacted her from the advert.
her ex boss sent her a solictors letter but nothing ever came of it.
Your problem is that you were caught with clients details in your handbag. Although your ex bosses letter does not mention that, its not a nice thing to be hanging over you.
I don't know whether that would put the cat amongst the pigeons, but that may help your employer calm down and back off.
My friend signed a contract about working 3 miles radius and not taking clients, its common practise.
when she decided to leave and set up mobile, she put a good sized ad in the local free paper every week for about a year. Most of her salon clients contacted her from the advert.
her ex boss sent her a solictors letter but nothing ever came of it.
Your problem is that you were caught with clients details in your handbag. Although your ex bosses letter does not mention that, its not a nice thing to be hanging over you.
kezza*
Well-Known Member
Ok I've posted the thread yesterday about being sued well today I've seen my solicitor and there is a number of different things,,
*was told to forget about the list she cannot use it as she went though my bag she had no right. (It was the only way to get the list and my bag was zipped up).
*It's only data protection if I used it and I haven't or was I going to.
*The letter she sent asks me to PLEASE REFRAIN FROM CONTRACTING ANY SALONS CLIENTS i have not contacting them in any way.
*Contract states I can not do any salon clients for 12 months but if they contact me then I'm in my rights to still do the treatment.
*Contract states that I can't work within a 3 mile radius for 6 months. It's too large of an area apparently she would have been better stating 1 mile for 3 months. He can argue the 3 mile radius.
In the last 3 weeks I have had a web page done, about to go in the yellow pages, had an advert in the local paper, had an advert in the local magazine that goes out monthly. I have not contacted any salon clients directly, never once used the formly from xxx salon and not once I said to any clients who has been to me that I used to work in xxx salon.
The salon clients that have come to me have contacted me though one of the advertments that I have done, looking for somewhere else to go.
And some of the clients I done even know wheather they have been to the salon or not but I'm not even mentioning it.
I have not told one client what is happening as it's between me and my boss, but she is saying I'm on conpassionated leave and will be returning to work.
Ok, so where we go from here, well I'm to write her a letter saying that I haven't contacted clients that they have contacted me through my advertising (I have been keeping a record of where they heard about me it's on my record card and solicitor has told me to keep a record of it if it does go to court,,,,good job I've been doing that but did it to see what works in regards to the ads) and asking for a list of clients she says that I'm doing. Apparently she has to prove that I have poached them and like I said I haven't. And asking why she is saying that i'm on conpassionated leave and will be returning.
The solicitors thinks that I won't hear from her that it won't go to court.
We all do stupid things sometimes and just don't think things through, this has cost me my job and the added stress on top and really NO it was worth it and yes I do wish I had done a tally chart but didn't think about that at the time just thought if she saw the names she'd think "oh yes haven't seen them for a while" I have always thinking of things to help promote her salon. We had writen record cards and I had even once took all the onces out onces to send them something out, I could have done it at home in my own time and yes I was always working late if needed and even in my lunch hour, 5 years I had a good regular client base. honestly if I was her I wouldn't worry about and start thinking about her own business. She had already that week told me she was running at a loss, there was only me and another girl working there, normally there is 3 of us and I was the only one contracted, makes you wonder why she went in my bag because I had only done the list that day.
I will not poach her clients I don't need to there is a need out there for me overwise I wouldn't be getting people and yes I'm getting people who I dont recognise there names and not been to me before. Word of month is great and I'm cheap and it looks like that is what people want and I'm good so people say.
I'm just going to carry on with my business and get my own clients in whoever contacts me, no one is a true client they can soon go elsewhere for whatver reason they choose thats their right the same as therapist, just like one minute we live and beathe a product, the rep changes or whatever reason we soon find something we are more comfortable with.:hug:
*was told to forget about the list she cannot use it as she went though my bag she had no right. (It was the only way to get the list and my bag was zipped up).
*It's only data protection if I used it and I haven't or was I going to.
*The letter she sent asks me to PLEASE REFRAIN FROM CONTRACTING ANY SALONS CLIENTS i have not contacting them in any way.
*Contract states I can not do any salon clients for 12 months but if they contact me then I'm in my rights to still do the treatment.
*Contract states that I can't work within a 3 mile radius for 6 months. It's too large of an area apparently she would have been better stating 1 mile for 3 months. He can argue the 3 mile radius.
In the last 3 weeks I have had a web page done, about to go in the yellow pages, had an advert in the local paper, had an advert in the local magazine that goes out monthly. I have not contacted any salon clients directly, never once used the formly from xxx salon and not once I said to any clients who has been to me that I used to work in xxx salon.
The salon clients that have come to me have contacted me though one of the advertments that I have done, looking for somewhere else to go.
And some of the clients I done even know wheather they have been to the salon or not but I'm not even mentioning it.
I have not told one client what is happening as it's between me and my boss, but she is saying I'm on conpassionated leave and will be returning to work.
Ok, so where we go from here, well I'm to write her a letter saying that I haven't contacted clients that they have contacted me through my advertising (I have been keeping a record of where they heard about me it's on my record card and solicitor has told me to keep a record of it if it does go to court,,,,good job I've been doing that but did it to see what works in regards to the ads) and asking for a list of clients she says that I'm doing. Apparently she has to prove that I have poached them and like I said I haven't. And asking why she is saying that i'm on conpassionated leave and will be returning.
The solicitors thinks that I won't hear from her that it won't go to court.
We all do stupid things sometimes and just don't think things through, this has cost me my job and the added stress on top and really NO it was worth it and yes I do wish I had done a tally chart but didn't think about that at the time just thought if she saw the names she'd think "oh yes haven't seen them for a while" I have always thinking of things to help promote her salon. We had writen record cards and I had even once took all the onces out onces to send them something out, I could have done it at home in my own time and yes I was always working late if needed and even in my lunch hour, 5 years I had a good regular client base. honestly if I was her I wouldn't worry about and start thinking about her own business. She had already that week told me she was running at a loss, there was only me and another girl working there, normally there is 3 of us and I was the only one contracted, makes you wonder why she went in my bag because I had only done the list that day.
I will not poach her clients I don't need to there is a need out there for me overwise I wouldn't be getting people and yes I'm getting people who I dont recognise there names and not been to me before. Word of month is great and I'm cheap and it looks like that is what people want and I'm good so people say.
I'm just going to carry on with my business and get my own clients in whoever contacts me, no one is a true client they can soon go elsewhere for whatver reason they choose thats their right the same as therapist, just like one minute we live and beathe a product, the rep changes or whatever reason we soon find something we are more comfortable with.:hug:
Nailsinlondon1
Well-Known Member
I wish you luck and lesson learned me thinks, so no need to keep this thread open any longer.
Clunk click closed xxx
Clunk click closed xxx
- Status
