To me, the NCA doesn’t sound enforceable as you were in an extremely low-level position. You’re right to consider the arrangement dangerous–listen to your gut on this one. Unkept promises in particular are a huge red flag.

Should the company enforce the NCA, the judge would enforce it unless you could provide a compelling reason why it shouldn’t be enforceable (and I consider the broad scope and the crazy wide radius–especially in a metropolitan area–enough to shred it and publicly shame the owner), but it depends on the judge. Arrange for a consult with an attorney before you violate it. The “location providing similar services or goods” thing is WAY too broad and your job role was so minimal that the NCA really didn’t seem appropriate in the least. You may be able to challenge it before breaching it and have it struck down in advance, that way you don’t ever have to worry about the salon attempting to enforce it. (In those instances, you basically bring the agreement to a judge and present your argument for why you think it’s not valid and the judge either agrees or disagrees with you.)

That non-compete doesn’t sound enforceable, but even then, never sign contracts that are unreasonably restrictive. This contract is one you know you’re unlikely able to comply with in the event of a separation, so don’t sign.

I’m currently going through this, it was amazing lash studio correct? I feel iffy about it because 50 miles for 2 years is insanely ridiculous, I’d have to move 50.freaking miles away just to make some money for my family.. I’m not sure what to do

Thanks so much Marsha! 🙂

I understand, and I appreciate you taking your time to address my question. I will be continuing to read all of your wonderful information. I’ve been in the business for 17 years and a lot of the things of read on here are a real eye opener. I would like to be as well informed and professional as you. You are taking this business and holding to the higher standards that only makes it better for everyone. Have a great weekend!

Well, if you were employed properly, there’s a good likelihood the employer has ownership of incidental products of your labor, including the right to any intellectual property produced during the course of your employment. This tends to come up in the technology industry pretty often, when software developers create apps of their own while being employed by a software company. Generally, their contracts protect intellectual properties developed on their own time, on their own equipment, but should it be determined that the employee used company time or resources to produce the intellectual property, the company may have a claim to it. In your case, you were hired to serve clients, and part of that service includes color formulation. Although the employer didn’t help you or direct you, the task was incidental to job performance, so making a claim to the formulas would be difficult at best. You’ll get a better answer from an attorney, though. 🙁

She can “say” whatever she wants. Until she “does” something, I wouldn’t take anything she says seriously. For legal help, you will need to contact an attorney. Contract law is extremely complex and is generally decided on a case-by-case basis. I highly recommend you find an attorney and have them advise you. However, I personally wouldn’t pay her anything or give her the time of day until she had me served with legal documentation. That entire situation is sketchy (25 miles is insane and you were a renter, which is even more ridiculous). In the future, don’t sign anything you don’t agree with, sign every page of each document you do sign (so the landlord doesn’t edit the text and slip in clauses later), and keep copies of everything you do sign.