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	Comments on: &#8220;Can I make my independent contractors sign non-compete agreements?&#8221;	</title>
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	<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html</link>
	<description>Backstabbing, bitchfits, and Botox...there&#039;s no business like the beauty business.</description>
	<lastBuildDate>Sat, 27 Jul 2019 02:24:53 +0000</lastBuildDate>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-30978</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Sat, 27 Jul 2019 02:24:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-30978</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-30977&quot;&gt;Tina Alberino&lt;/a&gt;.

I want to clarify that renters are self-employed, &lt;a href=&quot;https://thisuglybeautybusiness.com/2017/01/know-your-rights-in-salon-employee.html&quot;&gt;but they are not independent contractors&lt;/a&gt;.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-30977">Tina Alberino</a>.</p>
<p>I want to clarify that renters are self-employed, <a href="https://thisuglybeautybusiness.com/2017/01/know-your-rights-in-salon-employee.html">but they are not independent contractors</a>.</p>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-30977</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Sat, 27 Jul 2019 02:24:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-30977</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-30298&quot;&gt;Miriam&lt;/a&gt;.

Are you referring to renters? If so, that might change the situation. A landlord can make it a condition of the lease that any clients referred to the renter (non-requests) are considered gained through the marketing efforts of the rental business. This condition could restrict the renter from gaining access to (or obtaining) the client contact information and soliciting that client. As the client will have provided their contact data to the salon--NOT the renter--it would be wise for the landlord to ensure the security of that information, and not release it without the client&#039;s express permission.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-30298">Miriam</a>.</p>
<p>Are you referring to renters? If so, that might change the situation. A landlord can make it a condition of the lease that any clients referred to the renter (non-requests) are considered gained through the marketing efforts of the rental business. This condition could restrict the renter from gaining access to (or obtaining) the client contact information and soliciting that client. As the client will have provided their contact data to the salon&#8211;NOT the renter&#8211;it would be wise for the landlord to ensure the security of that information, and not release it without the client&#8217;s express permission.</p>
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		<title>
		By: Miriam		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-30298</link>

		<dc:creator><![CDATA[Miriam]]></dc:creator>
		<pubDate>Sun, 30 Jun 2019 21:54:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-30298</guid>

					<description><![CDATA[What about the salon owner having a clause stating that any clients acquired through her business (clients being passed on to the IC because of the business owner not being able to service these clients for whatever reason) will not be able to be contacted or taken if contract agreement is terminated?]]></description>
			<content:encoded><![CDATA[<p>What about the salon owner having a clause stating that any clients acquired through her business (clients being passed on to the IC because of the business owner not being able to service these clients for whatever reason) will not be able to be contacted or taken if contract agreement is terminated?</p>
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		<title>
		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-11470</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Tue, 17 Apr 2018 14:49:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-11470</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-11464&quot;&gt;Elizabeth Souffrant&lt;/a&gt;.

Hi Elizabeth!
Who provides the contract is up to you and the entity/person you&#039;re contracting with. I prefer to set my own terms and present my own contract, but in some instances (for example, when I&#039;m contracted to speak at major beauty shows), I start with their contract and negotiate until it suits me. I highly (ALLCAPS HIGHLY) recommend you read the following articles:
&lt;a href=&quot;https://thisuglybeautybusiness.com/2012/08/independent-contractor-general-contractor-subcontractor-and-self-employed-defined-for-the-beauty-industry.html&quot; rel=&quot;noopener&quot; target=&quot;_blank&quot;&gt;Definitions&lt;/a&gt;
&lt;a href=&quot;https://thisuglybeautybusiness.com/2014/05/the-20-factor-irs-test-why-independent.html&quot; rel=&quot;noopener&quot; target=&quot;_blank&quot;&gt;The 20 Factor Test&lt;/a&gt;
&lt;a href=&quot;https://thisuglybeautybusiness.com/2017/01/know-your-rights-in-salon-employee.html&quot; rel=&quot;noopener&quot; target=&quot;_blank&quot;&gt;Know Your Rights&lt;/a&gt;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-11464">Elizabeth Souffrant</a>.</p>
<p>Hi Elizabeth!<br />
Who provides the contract is up to you and the entity/person you&#8217;re contracting with. I prefer to set my own terms and present my own contract, but in some instances (for example, when I&#8217;m contracted to speak at major beauty shows), I start with their contract and negotiate until it suits me. I highly (ALLCAPS HIGHLY) recommend you read the following articles:<br />
<a href="https://thisuglybeautybusiness.com/2012/08/independent-contractor-general-contractor-subcontractor-and-self-employed-defined-for-the-beauty-industry.html" rel="noopener" target="_blank">Definitions</a><br />
<a href="https://thisuglybeautybusiness.com/2014/05/the-20-factor-irs-test-why-independent.html" rel="noopener" target="_blank">The 20 Factor Test</a><br />
<a href="https://thisuglybeautybusiness.com/2017/01/know-your-rights-in-salon-employee.html" rel="noopener" target="_blank">Know Your Rights</a></p>
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		<title>
		By: Elizabeth Souffrant		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-11464</link>

		<dc:creator><![CDATA[Elizabeth Souffrant]]></dc:creator>
		<pubDate>Tue, 17 Apr 2018 00:03:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-11464</guid>

					<description><![CDATA[Hello, I am just starting my career as an independent contractor and I finally got my first job coming this week. I have not signed anything yet and have not met anyone yet but I will this coming Thursday. Should I bring my own contract or will there be a contract provided for me? I will be styling hair for people in a nursing home and it is only one day a month. I know it is not much but like I said It is my first job as an independent contractor. I just don&#039;t want want to work and not get paid but I have no idea what is proper.]]></description>
			<content:encoded><![CDATA[<p>Hello, I am just starting my career as an independent contractor and I finally got my first job coming this week. I have not signed anything yet and have not met anyone yet but I will this coming Thursday. Should I bring my own contract or will there be a contract provided for me? I will be styling hair for people in a nursing home and it is only one day a month. I know it is not much but like I said It is my first job as an independent contractor. I just don&#8217;t want want to work and not get paid but I have no idea what is proper.</p>
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		<title>
		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8168</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Thu, 02 Feb 2017 16:07:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-8168</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8160&quot;&gt;Vee&lt;/a&gt;.

I&#039;m not sure what you mean by your &quot;mileage,&quot; but I have a post &lt;a href=&quot;https://thisuglybeautybusiness.com/2016/09/discrimination-in-the-salon-the-warren-tricomi-case.html&quot;&gt;about discrimination here&lt;/a&gt;. A C&amp;D is nothing more than a request sent on her behalf for you to stop before she sues. However, you can&#039;t stop doing something you AREN&#039;T doing in the first place. C&amp;D&#039;s are generally meaningless. They&#039;re written to threaten and intimidate. If there&#039;s a valid reason for sending it (for example, if you actually were soliciting her clients), then it would be valid, but since you claim you&#039;re not, it isn&#039;t.  She can attempt to sue you, but without proof, she won&#039;t get far (if her attorney even agrees to file against you--it&#039;s far more likely that he&#039;ll explain to her how the law works and what a waste of time and money it would be to pursue you for something she can&#039;t prove you did). If I were you, I&#039;d hire an attorney to respond to her attorney&#039;s C&amp;D. It&#039;ll cost you maybe $150-300, depending on who you hire, but I&#039;d have the letter clarify that a.) I am not soliciting anyone and I&#039;d like to see any proof she has to substantiate that claim, and b.) if she cannot provide proof, to stop harassing you and attempting to intimidate you. She&#039;s trying to suppress your ability to work, and my letter of response would say so.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8160">Vee</a>.</p>
<p>I&#8217;m not sure what you mean by your &#8220;mileage,&#8221; but I have a post <a href="https://thisuglybeautybusiness.com/2016/09/discrimination-in-the-salon-the-warren-tricomi-case.html">about discrimination here</a>. A C&#038;D is nothing more than a request sent on her behalf for you to stop before she sues. However, you can&#8217;t stop doing something you AREN&#8217;T doing in the first place. C&#038;D&#8217;s are generally meaningless. They&#8217;re written to threaten and intimidate. If there&#8217;s a valid reason for sending it (for example, if you actually were soliciting her clients), then it would be valid, but since you claim you&#8217;re not, it isn&#8217;t.  She can attempt to sue you, but without proof, she won&#8217;t get far (if her attorney even agrees to file against you&#8211;it&#8217;s far more likely that he&#8217;ll explain to her how the law works and what a waste of time and money it would be to pursue you for something she can&#8217;t prove you did). If I were you, I&#8217;d hire an attorney to respond to her attorney&#8217;s C&#038;D. It&#8217;ll cost you maybe $150-300, depending on who you hire, but I&#8217;d have the letter clarify that a.) I am not soliciting anyone and I&#8217;d like to see any proof she has to substantiate that claim, and b.) if she cannot provide proof, to stop harassing you and attempting to intimidate you. She&#8217;s trying to suppress your ability to work, and my letter of response would say so.</p>
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		<title>
		By: Vee		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8160</link>

		<dc:creator><![CDATA[Vee]]></dc:creator>
		<pubDate>Thu, 02 Feb 2017 01:14:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-8160</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8149&quot;&gt;Tina&lt;/a&gt;.

She sent me a cease to desist, should I reach out to an attorney? I was trying to look up laws on non competes. Is it discrimination that my mileage is more than others?  Who do you suggest I should do? This is in the eyelash extension industry by the way. I&#039;m so afraid as I&#039;m just taking over my aunts business and now this..]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8149">Tina</a>.</p>
<p>She sent me a cease to desist, should I reach out to an attorney? I was trying to look up laws on non competes. Is it discrimination that my mileage is more than others?  Who do you suggest I should do? This is in the eyelash extension industry by the way. I&#8217;m so afraid as I&#8217;m just taking over my aunts business and now this..</p>
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		<title>
		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8149</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Wed, 01 Feb 2017 17:57:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-8149</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8141&quot;&gt;Vee&lt;/a&gt;.

She can&#039;t sue you for breach of non-solicitation if you didn&#039;t solicit the clients. If they found you, they&#039;re yours. If she wants to sue you, she&#039;ll have to PROVE you solicited the clients (which you claim you didn&#039;t). Since she can&#039;t prove that (because it didn&#039;t happen), you have nothing to worry about.

The only way to know how you were classified is to go by which documents you received at the end of the tax year (1099 or W-2). You can file an SS-8 form with the IRS and have them perform an investigation. They can make a determination for you.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8141">Vee</a>.</p>
<p>She can&#8217;t sue you for breach of non-solicitation if you didn&#8217;t solicit the clients. If they found you, they&#8217;re yours. If she wants to sue you, she&#8217;ll have to PROVE you solicited the clients (which you claim you didn&#8217;t). Since she can&#8217;t prove that (because it didn&#8217;t happen), you have nothing to worry about.</p>
<p>The only way to know how you were classified is to go by which documents you received at the end of the tax year (1099 or W-2). You can file an SS-8 form with the IRS and have them perform an investigation. They can make a determination for you.</p>
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		<title>
		By: Vee		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-8141</link>

		<dc:creator><![CDATA[Vee]]></dc:creator>
		<pubDate>Wed, 01 Feb 2017 16:14:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-8141</guid>

					<description><![CDATA[How do I know what I&#039;m classified under? I was paid with a 1099 the first half of the year as my employer was trying to &quot; save me from paying taxes&quot; and then I got nervous and begged her to put me on a w2. Long story short, she made me sign a non compete/ non disclosure and my mileage is more than everyone else&#039;s. Actually, not every employee has one. Five months ago I told her my aunt is sick and shed like for me to take over her salon. I gave her 3 months notice and offered to train her employees to take over my clients. I have never once solicited, or reached out to any clients to get them to come see me. However, a few clients found me on social media and begged to come see me. Am I at fault for servicing them? She&#039;s trying to sue me.]]></description>
			<content:encoded><![CDATA[<p>How do I know what I&#8217;m classified under? I was paid with a 1099 the first half of the year as my employer was trying to &#8221; save me from paying taxes&#8221; and then I got nervous and begged her to put me on a w2. Long story short, she made me sign a non compete/ non disclosure and my mileage is more than everyone else&#8217;s. Actually, not every employee has one. Five months ago I told her my aunt is sick and shed like for me to take over her salon. I gave her 3 months notice and offered to train her employees to take over my clients. I have never once solicited, or reached out to any clients to get them to come see me. However, a few clients found me on social media and begged to come see me. Am I at fault for servicing them? She&#8217;s trying to sue me.</p>
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		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-5453</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Sat, 20 Aug 2016 01:37:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=110#comment-5453</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-5450&quot;&gt;Anonymous&lt;/a&gt;.

If they try, they&#039;ll have to explain to a judge why they classified you as an independent contractor. I&#039;m willing to bet that&#039;s not something they want to address, since the consequences for them will be pretty serious and the potential reward won&#039;t come close to outweighing it. Unless they&#039;re tremendously stupid, they likely won&#039;t do anything to enforce it. Should they go to an attorney, my guess is that they will highly advise them against taking action.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/10/can-i-make-my-independent-contractors-sign-non-compete-agreements.html#comment-5450">Anonymous</a>.</p>
<p>If they try, they&#8217;ll have to explain to a judge why they classified you as an independent contractor. I&#8217;m willing to bet that&#8217;s not something they want to address, since the consequences for them will be pretty serious and the potential reward won&#8217;t come close to outweighing it. Unless they&#8217;re tremendously stupid, they likely won&#8217;t do anything to enforce it. Should they go to an attorney, my guess is that they will highly advise them against taking action.</p>
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