Legal Question in Business Law in Pennsylvania

Re: Hair stylist- another non-compete question

It depends upon the terms of the contract - does the non-compete start on the date of signature, or upon your first day of work? Other elements of the contract may also affect this answer.

PLEASE NOTE that this information is not legal advice. You should retain a qualified attorney to advise you of your rights.

Re: Hair stylist- another non-compete question

You asked about a non-compete for a hairstylist.

Non-compete agreements are funny things and the law does not generally favor them unless the person has a significant role in the enterprise.

It seems that beauticians and hairstylists are now often asked to sign non-compete agreements. The validity and enforceability is questionable depending on reasonableness.

If you were subject to such an agreement and opened or went to work for another shop across the street from the old employer a judge would be more likely to enforce the agreement than if you went to work in a shop across town.

In such personal services business a non-compete is not unreasonable but 30 miles is. After-all, the non-compete would affect your customers more than you and your customers did not sign the non-compete. The court would likely, but assuredly, void the non-compete where it made it impractical for your clients to follow you. As much as salon owners like to believe the clients choose the salon, it is the stylist that keeps the client.

Hell, I'm a guy, have almost no hair left and I won't let just anybody cut my hair.

In this case, if you aren't working the contract can be seen to have been breached by the salon and you should be free to compete. The owner will bitch, moan, and threaten. But he won't sue and even if he does the chances that a court will enforce the agreement are slim. But the possibility does exist.

Regards,

Roger