Legal Question in Business Law in California
contracts-employment
I own a small styling salon, I have a young lady who wants to rent a station from me, But her last employer who paid hourly told then a year ago that they needed to sign a contract [reason she wanted a lady to quit] so she told them that they either sign or loose your job well she told the one your services are no longer needed here since you wont sign, The young lady that wants to come to work at my place signed she is affraid of that lady so now a year later she left now the owner said rember you signed a contract that say's you can't work within 50 miles of my salon, Now what to do she knows no other kind of work she is 23, this former employer is netouris for sueing people, can she take the young lady to court and/or me for letting her rent space from me? we also live in a small community my salon is in a town of less than 300 people.
Thany you for your answer.
1 Answer from Attorneys
Re: contracts-employment
Such an agreement is unconscionable and probably unlawful. See, e.g., Business & Professions Code section 16600, which states: "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." So long as the young lady does not solicit her former clients' business, she should be okay.
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