Your situation is unique. I’ve never seen a non-compete for beauty professionals upheld with so long a term and so wide a radius, which is why I recommend non-solicitation clauses and data theft clauses instead. They’re more likely to be upheld and more appropriate for the salon. There’s nothing unreasonable about keeping stylists from contacting and soliciting clients, or keeping them from stealing client databases. If those two clauses are present, it doesn’t matter where they work upon separation of employment.

You’ll have to talk to an attorney about your specific situation. I’m inclined to agree with you–the 30-mile radius is absurd. However, the first thing you’ll be confronted with by opposing counsel is, “If you thought the contract terms were unreasonable to begin with, why did you sign?” If you come back with, “Well, I didn’t know what I was signing,” they’ll absolutely slaughter you. Ultimately, it’s your responsibility to read your contracts and negotiate away anything you don’t feel comfortable with. I think you stand a decent chance of having a judge determine the contract is unreasonable, but prepare to be thoroughly humiliated should you decide to bring it to court.

After working for the massage practice for 2 1/2 years, I’ve decided to really embrace my entrepreneurial spirit and move 13 miles from the massage practice. Two days later, I received a cease and desist letter from the massage practice attorney. They are threatening to sue me for breach of contract.

The original contract that I signed said that I would not be a direct competition within 30 miles of their location or for Jonge deemed that too unreasonable that the distance would be 10 miles. I figured that 13 miles was more than fair and reasonable.

Now I have been trapped to not feel safe to open a private practice 13 miles from the location & remain unemployed for the next year.

Help. I am located in Raleigh, North Carolina.

The judge ruled in the couples favor because the contract was not enforceable & this was way back in the 80’s. I really don’t know how the salon owner thought it could be enforced because this was a small town of a few thousand people that maybe spanned 3 miles wide. They’d have had to drive thru 10 small towns & vast amounts of countryside to reach a 30 mile radius.

Consequently when this same couple eventually opened their own 3 story day spa, they made sure it was a fun, hip & happening place to work, with no non-compete contracts. People wanted to work there because it was a great environment & they could thrive, not because they felt threatened or intimidated by the owners.

You wonder why some owners can’t grasp this concept?

I get a lot of that too. We have laughs. Then, there are the employers who contact me. “What can I do to keep her from contacting the clients?!” Did she sign a non-solicitation? No? Then, well, nothing. I get sad for them, but only a little. Mostly I wish they’d take their businesses more seriously and seek education and counsel before their shit hits their proverbial fan.