pet grooming noncompete

[boxer_lover]

What is the name of your state? Tennessee
I signed a 4 year noncompete with a boarding and grooming salon I was told that I would be trained to groom but never was. I signed the contract 2 months after I started working because that is when I was going to be trained. I was a bather for a year until I was fired over hear say. The owner is saying that she trained me to be a groomer which is not true. I filed for unemployment and during the conference call the owner was asked my job description and she said "bather". This call was recorded by the unemployment office and we were sworn in. Is that proof enough to show that she is in breach of our contract ? My contract says that I can't work at any boarding and grooming salon in any of our surrounding counties. I can't even be a receptionist at one for 4 years. One month before I was fired I started taking an online grooming course because she had not trained me yet. Do I have a case ???????? I had to get a lawyer just to get a copy of the contract because she would not give me one. The contract says "bather, to be trained to groom".

 

[BelizeBreeze]

What does the non-compete say exactly WORD FOR WORD.

Type it here if you have a copy.

 

[boxer_lover]

grooming noncompete

What does the non-compete say exactly WORD FOR WORD.

Type it here if you have a copy
It would take me all day to type it. It's 2 pages long. I may be able to scan it and e-mail it.

 

[olgethorpe]

The lawyer who got you the copy of the agreement should know this better than I, but...

Non-compete agreements are almost always subject to a reasonableness test and a "for value received" test. Its probably unreasonable to keep you out of the business for four years and "the surrounding counties". And value received usually means something over and above just having a job.

My guess would be that this agreement is not enforceable, but, of course we've got the best legal system money can buy so if this person has lots of money to spend on lawyers, my guess might be wrong...

 

[BelizeBreeze]

The lawyer who got you the copy of the agreement should know this better than I, but...

Non-compete agreements are almost always subject to a reasonableness test and a "for value received" test. Its probably unreasonable to keep you out of the business for four years and "the surrounding counties". And value received usually means something over and above just having a job.

My guess would be that this agreement is not enforceable, but, of course we've got the best legal system money can buy so if this person has lots of money to spend on lawyers, my guess might be wrong...

although the 4-year condition MAY be held invalid, that doesn't mean the rest of the contract will be. and that's why having the entire contract to view is a requirement of any valid opinion.

 

[boxer_lover]

grooming noncompete

I Have The Contract Saved On My Computer. I Can E-mail It.

 

[BelizeBreeze]

I don't do e-mail.

Take the ORIGINAL signed copy of the contract to a local attorney.

 

[boxer_lover]

Noncompete

I don't do e-mail.

I TOOK IT TO SEVERAL LAWYERS AND THEY TELL ME DIFFERENT THINGS. ONE TOLD ME TO GO AHEAD AND OPEN MY BUSINESS AND LET HER SUE ME BECAUSE SHE WAS ONLY PAYING ME 6.50 AN HOUR (SAID IT WAS SLAVE LABOR..HA) AND ANOTHER ONE TOLD ME TO TAKE IT TO COURT FIRST AND GET OUT OF IT. SHE IS IN BREACH OF THE CONTRACT SO WHO KNOWS WHAT TO DO. I'M BEING TOLD DIFFERENT THINGS SO I DON'T KNOW IF I SHOULD GO FOR IT OR TAKE IT TO COURT BEFORE SHE DOES. I'VE DONE SOME RESEARCH AND MOSTLY DOCTOR'S CONTRACTS STAND UP IN COURT IN TENN. ?????????????????? SOMETHING TELLS ME TO JUST GO FOR IT AND GROOM BUT THEN A SIDE OF ME SAYS NO.

 

[boxer_lover]

I don't do e-mail.

I TOOK IT TO SEVERAL LAWYERS AND THEY TELL ME DIFFERENT THINGS. ONE TOLD ME TO GO AHEAD AND OPEN MY BUSINESS AND LET HER SUE ME BECAUSE SHE WAS ONLY PAYING ME 6.50 AN HOUR (SAID IT WAS SLAVE LABOR..HA) AND ANOTHER ONE TOLD ME TO TAKE IT TO COURT FIRST AND GET OUT OF IT. SHE IS IN BREACH OF THE CONTRACT SO WHO KNOWS WHAT TO DO. I'M BEING TOLD DIFFERENT THINGS SO I DON'T KNOW IF I SHOULD GO FOR IT OR TAKE IT TO COURT BEFORE SHE DOES. I'VE DONE SOME RESEARCH AND MOSTLY DOCTOR'S CONTRACTS STAND UP IN COURT IN TENN. ?????????????????? SOMETHING TELLS ME TO JUST GO FOR IT AND GROOM BUT THEN A SIDE OF ME SAYS NO.

I DID NOT GET AN ORIGINAL SIGNED COPY I HAD TO GET A LAWYER JUST TO GET A COPY OF IT BECAUSE THEY WOULD NOT GIVE ME ONE.