Consumer Law, Warranties Employment Agreement

[jam082256]

I recently applied for a job as a hair stylist. After leaving my previous job and starting the owner asked me to sign an agreement that states upon termnation for any reason whatsoever I agree that I will not work for any salon or open my own salon within 10 miles for 12 months. I feel this is hindering my ability to earn a living. Especially since I live within the 10 mile radius. Is this legal?

 

[dee_dub]

Non-competes get challenged all the time, and some hold up, and some don't.

Your post is unclear - is this your new employer seeking your agreement, or your former employer? If the new employer, how is it hindering your ability to earn an income? If the former employer, why not just ignore the request?

 

[jam082256]

I will be the new employee. The agreement states that if terminated for any reason regardless of complaints against each other or if I quit I cannot work in my field within 10 miles. I cannot open my own business unless it is 10 miles from my home.

 

[jacksgal]

It is your intent to leave this new job? If your that uncomfortable then ask for your old job back. As stated noncompetes are challanged all the time but they are legal. We cant tell you what to do ony that noncompete agreements exist

 

[jam082256]

no I do not intend to leave the new job, but as a seasoned hairstylist sometimes the wmployers force you to leave. But the real concern is that I can not work in the same field nor open my own Business within 10 miles

 

[dee_dub]

You have a choice: you can either negotiate with your new employer to remove the clause, or you can sign it as is.

If you sign as is, and later want to find other employment that breaches the non-compete, you can challenge the non-compete in court. You might win, you might not. Whether you will succeed depends on the law of your as yet unnamed jurisdiction, the need for the employer to protect itself, why you left, whether you can prove the non-compete interferes with your ability to earn a living, recent sunspot activity...