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    ACR's Avatar
    ACR Posts: 1, Reputation: 1
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    #1

    Aug 9, 2008, 12:16 PM
    Getting out of a non compete contract
    I previously owned a salon for over 15 years. A disaster hit and I reluctantly went into a non legal verbal agreement to have a partner. In short, it got out of hand and I sold the equipment to her and had a lawyer write a contract to sell the equipment. She did not want to purchase the name or the good name policy that I kept up. The business was successful but it was my only way out. Anyway, she in turn had me sign a non compete agreement for two years and a 20 miles radius from her, which has me working for her renting a station. I have worked now with her for one year and the stress and controlling person that she has become has made it difficult for me to work with her. For me leave I would have to move 20 miles away. I would loose clients.
    I found a place to work not close to her but close enough for her to say something. She has said to people that she wants me gone and has advertised for the shop by excluding me from photos etc... How can I leave and open my shop again in my area which is close to her? Help is appreciated.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 9, 2008, 12:21 PM
    Quote Originally Posted by ACR
    I previously owned a salon for over 15 years. A disaster hit and I reluctantly went into a non legal verbal agreement to have a partner. In short, it got out of hand and I sold the equipment to her and had a lawyer write a contract to sell the equipment. She did not want to purchase the name or the good name policy that I kept up. The business was successful but it was my only way out. Anyway, she in turn had me sign a non compete agreement for two years and a 20 miles radius from her, which has me working for her renting a station. I have worked now with her for one year and the stress and controlling person that she has become has made it difficult for me to work with her. For me leave I would have to move 20 miles away. I would loose clients.
    I found a place to work not close to her but close enough for her to say something. She has said to people that she wants me gone and has advertised for the shop by excluding me from photos etc.... How can I leave and open my shop again in my area which is close to her? Help is appreciated.


    What is a non legal verbal agreement? Verbal agreements are 100% legal if they are reciprocal (some benefit to both parties).

    If you agreed to a non compete you are bound by it - if you attempt to compete with her she could sue you to enforce the non-compete agreement.

    You entered into a contract - in some States under certain conditions non competes have been held to be illegal but I have only seen that when the non compete keeps one party from obtaining ANY related employment within a "reasonable" distance and your only choice is break the agreement or have no work at all.

    I would consult with an Attorney - what State?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 9, 2008, 01:06 PM
    You need to have a lawyer review the contract completely and see what will happen. Next you could if you can't get out, try and buy the contact out. Or you can do it anyway and see if they will sue you over it.

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