Non Compete Clause

[Catfishtattoo]

I am a tattoo artist, the owner I was trained under sold the business, so all my clientele and training has come from a different owner. The new owners wanted me to sign a one year non compete clause with them, I did. The year is up I put my two weeks in, they fired me. They then referred to said contract, stating I could not work in the area for a year after the contract expires, which I did not read in the contract whatsoever. It gets messy now, One of the main reasons I had to leave was one of the owners were going through my personal belongings, which now my contract is missing, either way, I agreed to a year, I stayed for a year, any advice?

 

[Catfishtattoo]

Im in michigan

The state of michigan

 

[eerelations]

You're saying the owner stole your copy of the signed contract?

Be that as it may, though, why don't you try saying to the owner "I can't respond to this one-year business because for some strange reason I no longer have a copy of the contract I signed. Please show me the contract that I signed so that I can review it and then respond to what you're telling me. Thanks."

If the owner refuses to show it to you, well maybe that clause doesn't actually exist.

 

[Catfishtattoo]

Do they have grounds to sue?

If they have not trained me, or had anything to do with clientele, are they really entitled to my business as an indpenedent contractor?

 

[single317dad]

They'll have a hard time enforcing a non-compete which was implemented during the course of existing employment unless some additional consideration was provided. Continued employment is generally not sufficient consideration to make a binding contract, though a few courts have ruled differently. Your status as an independent contractor may affect your ability to use that defense, but if no other terms changed except the addition of the non-compete, I don't see it standing up.

Stealing your contract, if that's what they actually did, was kind of silly and pointless. You aren't the one who needs the contract; in fact it's better for you if it didn't exist. The owners will need to show a contract in their possession signed by you if they have any hope of prevailing. Maybe they lost theirs and needed yours?

At any rate, that piece of paper doesn't stop you from working anywhere at any time. What the non-compete gives the owner is recourse against you if you violate the terms. They'd have to sue you successfully to enforce the contract. One thing they are correct on is that the one year is after termination of employment; it would be silly to make it during the course of employment.

 

[eerelations]

If they have not trained me, or had anything to do with clientele, are they really entitled to my business as an indpenedent contractor?

So the owner didn't steal your copy of the contract? And you actually do remember signing a contract with a one-year post-employment non-compete clause in it?

 

[eerelations]

I am a tattoo artist, the owner I was trained under sold the business, so all my clientele and training has come from a different owner. The new owners wanted me to sign a one year non compete clause with them, I did. The year is up I put my two weeks in, they fired me. They then referred to said contract, stating I could not work in the area for a year after the contract expires, which I did not read in the contract whatsoever. It gets messy now, One of the main reasons I had to leave was one of the owners were going through my personal belongings, which now my contract is missing, either way, I agreed to a year, I stayed for a year, any advice?

Just in case OP decides to change his story.

 

[Catfishtattoo]

Contract

There was no stipulation after the contract expired, it was a year contract and now it has expired, so it is time to resign and I put my two weeks in. The contract in my booth is missing yes, but one of the reasons for two wees is becaise one of the owners were rummaging through my booth...so her taking it possible

 

[Catfishtattoo]

Wont let me edit my post sorry

but one of the reasons for the two week notice is because one of the owners were rummaging through my booth"""