Non Compete Clause

[Pompal 09.]

ditto

 

[Arraaghhhh...!!!]

I truly believe that the non compete clause is hurting a business more than they know. If they do have a enforceable legal document and they adhere to it, that is their priority. I wouldn't work in a business with these restrictions.

This is how I look at situations like this. If I'm running a business and I have a client that needs a specific modality and I can't offer that service, I'm going to refer the client to someone who can. I would in return appreciate the same respect from other LMTs. If a company has to grasp on to clients with this piece of paper then their business isn't going to thrive. Networking with all the LMTs in the community is by far better than putting the "my client" stamp on a person.

It makes me think of a 3 year old that says, "Mine"... maybe there is validity in that? :shock:

 

[A.Herd]

We have a non-compete contract at our clinic which held up in court the one and only time we were forced to sue someone. Our non-compete is very reasonable. It does not in any way restrict where you can work. You can work right across the street from us if you so choose. What is does restrict is our clients. You are not allowed to solicit business in any way from our existing clientelle once you leave our employment for the period of one year. This includes telling them where you plan to move on to before you leave.

The reason for this is simple. We invest money, time and effort to bring in the clients. Our therapists are employees. We provide everything for them, including advertising. We have over the years had therapists who come to work for us solely for the purpose of building a clientelle and then leaving with them.

Angie

Sorry, but in my opinion, your clause doesn't hold any water either... Your massage clients aren't your clients because of your advertising. They're your clients because of the quality of care provided by the therapists.

If your clause stated they couldn't solicit the clients, that's fine. I'd take it under consideration when being asked to sign your clause. However, they should be able to tell their clients that they are leaving and if the clients wishes to follow their therapist, that is up to the client... not the clause!!!

 

[Pompal 09.]

Excellent discussion. Basically the reasonableness of a non compete clause comes down to balancing you taking clients from a place that your employed, and the ability of you supporting yourself.

Another words regardless what you sign a company doesn't own you, and can't keep you from making a living for yourself. I mean the days of slavery are over. (I hope).

I would say protecting clients is one thing, keeping your from earning a living in your town is another. I'm not an attorney but lets use common sense here. If all of the non compete clauses that spas and what not where legal we would basically be creating indentured servitude for life. Either you work for me or you don't work in this town again for the next two to ten years or forever :shock:

That being said I'd be hard pressed to work for an organization that wanted me to sign an egregious non compete clause. Protecting clients is one thing, stoping you from earning a living is another.

Jason