Legal Question in Employment Law in Virginia

Hair Salon Non-Compete Contract

I am a hairdresser in Virginia and have worked at the same salon for over 6 years. In August the owner of the Salon gave me a non-compete contract to sign. It stated that we would have taxes taken out of our checks and considered employees from that point on (I have been a 1099 for 6 years). She has not taken any taxes out of our checks since we signed. I decided to leave and now she is threatening me with this contract (which limits me for up to 5 miles in a downtown city in which I live). She never gave us a copy and nothing has been notarized or witnessed by a lawyer even though we have asked her several times. Is this binding or even legal?


Asked on 11/10/07, 4:41 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Hair Salon Non-Compete Contract

If you agreed to the written contract(and the non-compete provisions) by affixing your signature thereto, it could be binding and enforceable, but, not necessarily, if you can credibly prove that in fact you held at all relevant times the status of an independent contractor.

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Answered on 11/11/07, 12:26 am


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