<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	>
<channel>
	<title>
	Comments on: [AASM] Professional Crisis: Who do the clients belong to?	</title>
	<atom:link href="https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html/feed" rel="self" type="application/rss+xml" />
	<link>https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html</link>
	<description>Backstabbing, bitchfits, and Botox...there&#039;s no business like the beauty business.</description>
	<lastBuildDate>Mon, 03 Jun 2024 13:44:15 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	<generator>https://wordpress.org/?v=6.8.5</generator>
	<item>
		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-60754</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Mon, 03 Jun 2024 13:44:15 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=2336#comment-60754</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-60668&quot;&gt;Stephanie&lt;/a&gt;.

Your &quot;employer&quot; was never your employer, but that&#039;s beside the point. Without knowing the terms of the contract, I can&#039;t really help you. If the contract explicitly stated that you were not permitted to contact any of the salon&#039;s clients, and you contacted them, you are definitely in violation of that agreement, whether or not the message could be considered soliciting.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-60668">Stephanie</a>.</p>
<p>Your &#8220;employer&#8221; was never your employer, but that&#8217;s beside the point. Without knowing the terms of the contract, I can&#8217;t really help you. If the contract explicitly stated that you were not permitted to contact any of the salon&#8217;s clients, and you contacted them, you are definitely in violation of that agreement, whether or not the message could be considered soliciting.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Stephanie		</title>
		<link>https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-60668</link>

		<dc:creator><![CDATA[Stephanie]]></dc:creator>
		<pubDate>Thu, 30 May 2024 12:34:36 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=2336#comment-60668</guid>

					<description><![CDATA[I have been an independent contractor in this salon for almost 2 years, i decided to quit and went to rent a studio. My former employer made me sign the non solicitation agreement. I did signed it. Now she just sent me a cease and desist letter to say i breach the contract. I did sent out the text to all my clients said that I’m no longer at this spa and did not say where did i do? Just a thankful text messages.]]></description>
			<content:encoded><![CDATA[<p>I have been an independent contractor in this salon for almost 2 years, i decided to quit and went to rent a studio. My former employer made me sign the non solicitation agreement. I did signed it. Now she just sent me a cease and desist letter to say i breach the contract. I did sent out the text to all my clients said that I’m no longer at this spa and did not say where did i do? Just a thankful text messages.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-34008</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Wed, 04 Dec 2019 14:06:26 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=2336#comment-34008</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-33981&quot;&gt;Kristen&lt;/a&gt;.

There&#039;s likely very little that can be done to prevent or punish you, but I&#039;d recommend having your clients follow your professional pages on social media, rather than soliciting them outright. Like I said, there&#039;s likely not much to be done, but that doesn&#039;t mean your current employer won&#039;t try to take action citing your fiduciary duty of loyalty.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-33981">Kristen</a>.</p>
<p>There&#8217;s likely very little that can be done to prevent or punish you, but I&#8217;d recommend having your clients follow your professional pages on social media, rather than soliciting them outright. Like I said, there&#8217;s likely not much to be done, but that doesn&#8217;t mean your current employer won&#8217;t try to take action citing your fiduciary duty of loyalty.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Kristen		</title>
		<link>https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-33981</link>

		<dc:creator><![CDATA[Kristen]]></dc:creator>
		<pubDate>Mon, 02 Dec 2019 15:34:37 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=2336#comment-33981</guid>

					<description><![CDATA[I have been an employee for over 5 years at a commission based salon. I want to move to booth rent, and would like to contact my clients to let them know where I went. I have not signed anything with my current employer. Am I legally able to contact my clients and let them know where I moved to?]]></description>
			<content:encoded><![CDATA[<p>I have been an employee for over 5 years at a commission based salon. I want to move to booth rent, and would like to contact my clients to let them know where I went. I have not signed anything with my current employer. Am I legally able to contact my clients and let them know where I moved to?</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-9605</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Fri, 02 Jun 2017 14:58:15 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=2336#comment-9605</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-9573&quot;&gt;Starr&lt;/a&gt;.

It depends on whether or not you have signed a contract. If you&#039;re with one of the national chains, one of the terms of your employment likely did include a non-solicitation agreement. It wouldn&#039;t be unlawful to thank them, but it would be to give them contact information (since that&#039;s certainly considered solicitation).]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-9573">Starr</a>.</p>
<p>It depends on whether or not you have signed a contract. If you&#8217;re with one of the national chains, one of the terms of your employment likely did include a non-solicitation agreement. It wouldn&#8217;t be unlawful to thank them, but it would be to give them contact information (since that&#8217;s certainly considered solicitation).</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Starr		</title>
		<link>https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-9573</link>

		<dc:creator><![CDATA[Starr]]></dc:creator>
		<pubDate>Sun, 28 May 2017 08:43:25 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=2336#comment-9573</guid>

					<description><![CDATA[Hi Tina, currently I&#039;m an employee for a chain salon that&#039;s very popular throughout the country. I&#039;ve been an employee with the company for many years and have gained many close relationships with our clientele. Throughout the last few months however though I&#039;ve become unhappy and ready to move seek new opportunities with other companies. Would it be unlawful/ soliciting to thank my clients and depart leaving my own contact information (phone number, email, Facebook) without obtaining any of theirs?]]></description>
			<content:encoded><![CDATA[<p>Hi Tina, currently I&#8217;m an employee for a chain salon that&#8217;s very popular throughout the country. I&#8217;ve been an employee with the company for many years and have gained many close relationships with our clientele. Throughout the last few months however though I&#8217;ve become unhappy and ready to move seek new opportunities with other companies. Would it be unlawful/ soliciting to thank my clients and depart leaving my own contact information (phone number, email, Facebook) without obtaining any of theirs?</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-6363</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Thu, 27 Oct 2016 12:09:13 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=2336#comment-6363</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-6361&quot;&gt;jon&lt;/a&gt;.

They&#039;d have to put it in their contracts, and a lot of salon owners do. Their non-solicitation clauses and employee handbook terms prohibit social media friendships/contact. However, if the employee chooses to create an online portfolio and that client seeks out that portfolio, then finds where the employee works after separation, that&#039;s not considered solicitation since the client had to seek that information themselves.

Whether or not a salon owner would be successful in using the Uniform Trade Secrets Act is debatable. Personally, I think it&#039;s open and shut. However, personal experience has shown that judges either don&#039;t care or prefer competitive business practices. Then again, the majority of the small claims cases I&#039;ve seen this occur in usually involve owners who have been doing a lot of shit wrong, so they didn&#039;t have the moral or legal high ground.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-6361">jon</a>.</p>
<p>They&#8217;d have to put it in their contracts, and a lot of salon owners do. Their non-solicitation clauses and employee handbook terms prohibit social media friendships/contact. However, if the employee chooses to create an online portfolio and that client seeks out that portfolio, then finds where the employee works after separation, that&#8217;s not considered solicitation since the client had to seek that information themselves.</p>
<p>Whether or not a salon owner would be successful in using the Uniform Trade Secrets Act is debatable. Personally, I think it&#8217;s open and shut. However, personal experience has shown that judges either don&#8217;t care or prefer competitive business practices. Then again, the majority of the small claims cases I&#8217;ve seen this occur in usually involve owners who have been doing a lot of shit wrong, so they didn&#8217;t have the moral or legal high ground.</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: jon		</title>
		<link>https://thisuglybeautybusiness.com/2016/10/aasm-client-distribution-after-separation-who-gets-to-keep-the-clients.html#comment-6361</link>

		<dc:creator><![CDATA[jon]]></dc:creator>
		<pubDate>Thu, 27 Oct 2016 10:40:30 +0000</pubDate>
		<guid isPermaLink="false">https://thisuglybeautybusiness.com/?p=2336#comment-6361</guid>

					<description><![CDATA[I tried to find a legal case that established some legal precedent but the only thing I could locate was this blurb. 

42 states have adopted some form of a statute called the &quot;Uniform Trade Secrets Act.&quot; If your state has adopted a version of this act, then you&#039;re prohibited from stealing your employer&#039;s &quot;trade secrets&quot; and using them for your own benefit, even without a written agreement with the employer.

In most states, a firm&#039;s client list would be considered a &quot;trade secret&quot; unless its content can be &quot;readily obtained through some independent source.&quot; So if you download the firm&#039;s entire client list onto a computer diskette or CD and then send a letter to everyone on that list announcing the opening of your new firm, your old firm will almost certainly view that as a theft of its &quot;trade secrets&quot; and will sue you for that.

 I&#039;m curious about is this example. You leave a salon. The client follows.  They can go anywhere they want.  But if you added them on Facebook but didn&#039;t solicit their business. Does the old salon have legal grounds to take you to court.  Would love to see some court cases that really solve the aspect of employee leaves and didn&#039;t take client information.  So they are not violating any trade secrets.  I&#039;m guess the issue is did you sign a contract preventing you from friending them on social media or trading phone numbers.  How can a business legally prevent employees from friending clients?]]></description>
			<content:encoded><![CDATA[<p>I tried to find a legal case that established some legal precedent but the only thing I could locate was this blurb. </p>
<p>42 states have adopted some form of a statute called the &#8220;Uniform Trade Secrets Act.&#8221; If your state has adopted a version of this act, then you&#8217;re prohibited from stealing your employer&#8217;s &#8220;trade secrets&#8221; and using them for your own benefit, even without a written agreement with the employer.</p>
<p>In most states, a firm&#8217;s client list would be considered a &#8220;trade secret&#8221; unless its content can be &#8220;readily obtained through some independent source.&#8221; So if you download the firm&#8217;s entire client list onto a computer diskette or CD and then send a letter to everyone on that list announcing the opening of your new firm, your old firm will almost certainly view that as a theft of its &#8220;trade secrets&#8221; and will sue you for that.</p>
<p> I&#8217;m curious about is this example. You leave a salon. The client follows.  They can go anywhere they want.  But if you added them on Facebook but didn&#8217;t solicit their business. Does the old salon have legal grounds to take you to court.  Would love to see some court cases that really solve the aspect of employee leaves and didn&#8217;t take client information.  So they are not violating any trade secrets.  I&#8217;m guess the issue is did you sign a contract preventing you from friending them on social media or trading phone numbers.  How can a business legally prevent employees from friending clients?</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
