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	Comments on: Employment Contracts: Non-Solicitation Clauses	</title>
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	<description>Backstabbing, bitchfits, and Botox...there&#039;s no business like the beauty business.</description>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-30976</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Sat, 27 Jul 2019 02:20:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-30976</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-30299&quot;&gt;Miriam&lt;/a&gt;.

No. &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html&quot;&gt;Independent contractors are self-employed.&lt;/a&gt; They cannot be forced to sign restrictive covenants (non-compete and/or non-solicitation agreements). Those agreements are only appropriate for employees.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-30299">Miriam</a>.</p>
<p>No. <a href="https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html">Independent contractors are self-employed.</a> They cannot be forced to sign restrictive covenants (non-compete and/or non-solicitation agreements). Those agreements are only appropriate for employees.</p>
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		<title>
		By: Miriam		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-30299</link>

		<dc:creator><![CDATA[Miriam]]></dc:creator>
		<pubDate>Mon, 01 Jul 2019 05:28:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-30299</guid>

					<description><![CDATA[How is this applicable to an Independent contractor? Can the salon owner make an IC sign this clause ?]]></description>
			<content:encoded><![CDATA[<p>How is this applicable to an Independent contractor? Can the salon owner make an IC sign this clause ?</p>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-29206</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Tue, 14 May 2019 13:36:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-29206</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-29135&quot;&gt;Kish&lt;/a&gt;.

Hi! I don&#039;t share templates or samples simply because I really don&#039;t want anyone writing their own legal documents. (I live in Florida, where we have basically no employee protections. Other states aren&#039;t near as lax as mine, so what&#039;s legal here likely won&#039;t be legal virtually anywhere else.)

Find an employment law attorney in your area who is familiar with your salon&#039;s needs and your state laws and pay them to write something binding. Before you do that though, put together a rough outline, detailing what you&#039;d like the contract to include. They&#039;ll be able to tell you whether the terms you want are allowable in your state/city or if they need to be altered or omitted.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-29135">Kish</a>.</p>
<p>Hi! I don&#8217;t share templates or samples simply because I really don&#8217;t want anyone writing their own legal documents. (I live in Florida, where we have basically no employee protections. Other states aren&#8217;t near as lax as mine, so what&#8217;s legal here likely won&#8217;t be legal virtually anywhere else.)</p>
<p>Find an employment law attorney in your area who is familiar with your salon&#8217;s needs and your state laws and pay them to write something binding. Before you do that though, put together a rough outline, detailing what you&#8217;d like the contract to include. They&#8217;ll be able to tell you whether the terms you want are allowable in your state/city or if they need to be altered or omitted.</p>
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		<title>
		By: Kish		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-29135</link>

		<dc:creator><![CDATA[Kish]]></dc:creator>
		<pubDate>Sun, 12 May 2019 16:30:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-29135</guid>

					<description><![CDATA[Hi Tina, I left this same message but it was meant for you although it is applicable to the person it was left for as well. Is it possible for me to get a copy of your non-solicitation contract to edit for our spa? We are a very small boutique that is growing but want protection. Thanks.]]></description>
			<content:encoded><![CDATA[<p>Hi Tina, I left this same message but it was meant for you although it is applicable to the person it was left for as well. Is it possible for me to get a copy of your non-solicitation contract to edit for our spa? We are a very small boutique that is growing but want protection. Thanks.</p>
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		<title>
		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-4098</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Thu, 30 Jun 2016 02:43:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-4098</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-4089&quot;&gt;Brianna Haley&lt;/a&gt;.

Yeah, that&#039;s a huge problem. It seems like she has some healthy hustle in her, and she&#039;s doing what she can to build her own book, but at the same time, she&#039;s being a little too aggressive. You should have her sign a non-solicitation agreement ASAP and include social media solicitation. If she&#039;s your employee, you can prohibit her from taking photos. You can also fire her whenever you please--all states except for one (I believe Montana or Wyoming) are at-will employment states. She seems a little cutthroat, which could cause problems for everyone in the long run.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-4089">Brianna Haley</a>.</p>
<p>Yeah, that&#8217;s a huge problem. It seems like she has some healthy hustle in her, and she&#8217;s doing what she can to build her own book, but at the same time, she&#8217;s being a little too aggressive. You should have her sign a non-solicitation agreement ASAP and include social media solicitation. If she&#8217;s your employee, you can prohibit her from taking photos. You can also fire her whenever you please&#8211;all states except for one (I believe Montana or Wyoming) are at-will employment states. She seems a little cutthroat, which could cause problems for everyone in the long run.</p>
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		<title>
		By: Brianna Haley		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-4089</link>

		<dc:creator><![CDATA[Brianna Haley]]></dc:creator>
		<pubDate>Wed, 29 Jun 2016 12:17:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-4089</guid>

					<description><![CDATA[I hired a new stylist recently who brought a fair clientele with her.  She immediately began advertising MY salon on HER facebook page and mentioned having personal flyers printed to distributed in MY salon.  I told her all advertising is done by me and that the SALON and SERVICES are advertised, not INDIVIDUAL STYLISTS.  She is a nightmare!!  I have another stylist on medical leave and the new one is underhandedly trying to steal her clients. We are all working together to cover the leave and keep the clients, but it is understood that we are not assuming those clients permanently. When the other stylist returns, they are still her clients.  This is a small salon and we don&#039;t operate like that! Now, I hear her asking clients to LIKE her personal facebook page.  I feel through all those facebook contacts she is creating a complete client list.  Now she is posting before and after photos of clients to her personal page, saying personal message me for details.  Can I prohibit her from taking photos in my salon?  Doesn&#039;t she need written consent from clients?  I hired her on a 90 day probationary period and did not have her sign a temporary employment agreement.  But I think she can cause serious damage before the 90 days are up!]]></description>
			<content:encoded><![CDATA[<p>I hired a new stylist recently who brought a fair clientele with her.  She immediately began advertising MY salon on HER facebook page and mentioned having personal flyers printed to distributed in MY salon.  I told her all advertising is done by me and that the SALON and SERVICES are advertised, not INDIVIDUAL STYLISTS.  She is a nightmare!!  I have another stylist on medical leave and the new one is underhandedly trying to steal her clients. We are all working together to cover the leave and keep the clients, but it is understood that we are not assuming those clients permanently. When the other stylist returns, they are still her clients.  This is a small salon and we don&#8217;t operate like that! Now, I hear her asking clients to LIKE her personal facebook page.  I feel through all those facebook contacts she is creating a complete client list.  Now she is posting before and after photos of clients to her personal page, saying personal message me for details.  Can I prohibit her from taking photos in my salon?  Doesn&#8217;t she need written consent from clients?  I hired her on a 90 day probationary period and did not have her sign a temporary employment agreement.  But I think she can cause serious damage before the 90 days are up!</p>
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		<title>
		By: Buying an Existing Salon: Management Tips &#124; This Ugly Beauty Business		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-3931</link>

		<dc:creator><![CDATA[Buying an Existing Salon: Management Tips &#124; This Ugly Beauty Business]]></dc:creator>
		<pubDate>Tue, 21 Jun 2016 15:02:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-3931</guid>

					<description><![CDATA[[&#8230;] and include full rights to the client database, and the employees at the salon should be bound by a non-solicitation agreement. (This means that the existing employees can not solicit the clients in any way if they choose to [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] and include full rights to the client database, and the employees at the salon should be bound by a non-solicitation agreement. (This means that the existing employees can not solicit the clients in any way if they choose to [&#8230;]</p>
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		<title>
		By: Be Dumbledore &#124; This Ugly Beauty Business		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-3912</link>

		<dc:creator><![CDATA[Be Dumbledore &#124; This Ugly Beauty Business]]></dc:creator>
		<pubDate>Sat, 18 Jun 2016 16:15:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-3912</guid>

					<description><![CDATA[[&#8230;] and include full rights to the client database, and the employees at the salon should be bound by a non-solicitation agreement. (This means that the existing employees can not solicit the clients in any way if they choose to [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] and include full rights to the client database, and the employees at the salon should be bound by a non-solicitation agreement. (This means that the existing employees can not solicit the clients in any way if they choose to [&#8230;]</p>
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		By: Washington State Legislators Introduce Bills to Strike Down Non-Competes for Beauty Workers - This Ugly Beauty Business		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-1286</link>

		<dc:creator><![CDATA[Washington State Legislators Introduce Bills to Strike Down Non-Competes for Beauty Workers - This Ugly Beauty Business]]></dc:creator>
		<pubDate>Thu, 04 Feb 2016 19:09:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-1286</guid>

					<description><![CDATA[[&#8230;] make the agreements completely unenforceable in the state, while maintaining the enforceability of non-solicitation agreements and confidentiality agreements. Stanford&#8217;s proposition instigated a Twitter war between two [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] make the agreements completely unenforceable in the state, while maintaining the enforceability of non-solicitation agreements and confidentiality agreements. Stanford&#8217;s proposition instigated a Twitter war between two [&#8230;]</p>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-non-solicitation-clauses.html#comment-435</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Mon, 23 Jun 2014 17:20:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=205#comment-435</guid>

					<description><![CDATA[I 100% agree with that. Unfortunately, too many stylists don&#039;t protect themselves. They&#039;re out there signing contracts they don&#039;t agree with, hoping blindly that nothing will ever go wrong (or that if it does, the owner won&#039;t actually enforce the contract). Best practice is to avoid non-solicitations like the plague, or at least amend them to serve the best interests of your clients and yourself.]]></description>
			<content:encoded><![CDATA[<p>I 100% agree with that. Unfortunately, too many stylists don&#8217;t protect themselves. They&#8217;re out there signing contracts they don&#8217;t agree with, hoping blindly that nothing will ever go wrong (or that if it does, the owner won&#8217;t actually enforce the contract). Best practice is to avoid non-solicitations like the plague, or at least amend them to serve the best interests of your clients and yourself.</p>
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