Oh here we go again :(

[Tm55]

What are my chances of being taken to court by my ex employers? after 2 years of working for my last hairsalon, i decided i couldn't take it anymore, i had become depressed and couldn't stand going into work, not because of clients but because of my manager and the big bosses just treating me like rubbish and i couldn't take no more. Some clients followed me and off i went to work somewhere else over 1/2 mile radius, but after only one day it was just not for me and i took another job near to my old salon within the 1/2 mile radius. Now i have recieved a letter from the scary ex bosses saying i have stolen clients and have to leave the salon i am currently in and move further away from my ex employers.

I don't think i actually signed a contract infact i am 99% sure i didn't.. however they are saying i signed one?

 

[smooth]

If you signed a contract then they will have proof and if it says you cannot work within a set distance for a period of time after leaving the salon then they can enforce its contents unfortunately. Have a look at the contract to double check ,x

 

[fozzyo]

Seek legal advice, and also ask for a copy of the contract.

I'm not a legal expert, but I seem to recall chatting to someone once saying that these clauses are very difficult to enforce. For you to "steal" a client you would need to actively phone every client and tell them where you are working. If a client decides they went to a salon for the stylist and not the salon and they find out you are now somewhere else and they choose to come to you how can you have stolen them?

Also, find out about constructive dismissal (i think that's the name). It sounds like you may have been in a similar situation I was in with my previous employer. My MD made my job almost impossible to do, ignored my requests and went around me to discuss projects with my team when specifically asked not to. I felt that I was left with no option to either leave or go through grievance / employment tribunal procedures.

Check your home insurance for legal helpline, I used it and my brother's paid for a full employment tribunal so it may not cost you anything.

All communication to be in writing, and everything needs documentation support for their claim you are stealing clients. And they need to be able to prove you made an agreement about the radius and that needs to include time-scales.

Mat

 

[Essential1]

These contract stipulations are extremely hard for your ex employer to enforce as they legally cannot prevent you from making a living. It would be very costly for them to follow this up through a lawyer and probably not worth their while however I would perhaps take some advice anyway and request a copy of the signed contract from them to make sure it is genuine!

 

[Sarah-Jean]

I would ask for a copy of the contract. If you did indeed sign one, then I'm afraid you're probably going to have to leave that area. If they don't provide you with a copy then they probably don't have one especially if you're sure you never signed anything, in which case I'm not sure their terms apply.

 

[jes]

Salon owners have the right (and should have) to stop their ex-employee's poaching their clients. This is why most contracts of employment stipulate a radius clause. Sometimes salon owners get greedy and write in a very large radius, say like 5 miles, and in court a judge would, probably deem this to be excessive and throw the case out.

However half a mile is, really, just a stones throw away from your ex-employer and seems to be a very reasonable request, so if you have signed a contract, with these terms, I think you're going to have to abide by them.

 

[jacqueline]

First thing you need to do is ask them for a copy of the contract, and go from there.

Non compete clauses are normal in many businesses to protect the business and any clientele it has built up and I agree with them but as long as they are not unreasonable and realistic.

 

[coops]

I've been in a very similar situation before. I had to pay for the distance to be measured proffessionally (!), though as it turned out I was scammed and probably didn't need to do that (another story). From what I remember, these types of things are difficult and costly for the employer to see through but I would suggest getting a copy of the contract and taking it to a solicitor for advice. I used one of the 1 hour free ones. One thing to check - I never got round to signing the contract, but because I worked for the salon for x no. of years it was seen as me agreeing to the terms anyway so didn't matter if it was signed or not.

Good luck x

 

[bombini]

The first thing to do is request a copy of your contract, they have to provide it and if they can't then I guess its their problem.

You mention big bosses, is this because it is a big company ? If so then I would imagine they will pursue this further as they probably have the time & money to do so, assuming you have signed a contract.

If they do have evidence then the right thing to do would be abide by its terms after all you agreed to them when you took the job on ?

How did the clients know to follow you from two different salons ?

 

[Mrs.Clooney]

As already said, ask for a copy of your contract. You are entitled to it and in fact, should have been issued a copy when you signed it.

On the subject of client poaching, whilst I don't condone it, this sort of thing is difficult to avoid or prove. A client has a right to move with the hairdresser/therapist if they choose.

My hairdresser became unhappy in her salon and told me she was leaving... and rightly so. She did not tell me where she was going, so I asked. I followed her to her new salon (less than half a mile from the old one) because I chose too. That was my right, because I did not want to lose a hairdresser with whom I felt comfortable and happy.

 

[kezza*]

I was in this situation last year. I set up working from home less than half a mile away from the salon. It all happen so quick, I left over night.

Anyway a had a letter from the salon saying about pinching client's and I was contracting 3 or 5 miles.

I took it to a solictor who had a free drop in on a saturday, so didn't cost me anything. He said you signed the contract I explained that I didn't expect to loss my job and that I signed it because she said that it's only there to stop me working across the road. As for client's surely that's up to them I can't turn around and say sorry can't do you for a year as I signed the contract. The client's don't sign a contract so as there right they can go anywhere.

The solicotor said he would take the case on if it went any future but he expected it was just to scared me. he said 3/5 miles is too big of an area. He advised me to send a letter back asking for names and addresses of client's that they believe I have taken.

I didn't hear anything again. But it's worth speaking to a solictor and they'll advice you.

With client's the salon will be to prove that you have poached client's eg have telephoned them or on there doorstep. If a client say's to you "oh where are you now" you can tell them. If that makes sense.

Good luck

Kerryxx