I am a hairstylist and upon employement at company A I had to agree to a non-compete which covers a 2 mile radius for one year. I know most courts find this reasonable but I believe I have extenuating circumstances.
I live in a small town and that radius covers the majority of salons in the area. My family owns property that offers rental chairs. I was offered rent at a discount to help me get on my feet while I try to start working for myself. The problem I have come across is that her salon lies 264 ft short of the two miles. According to the radius it falls at 1.6.
Company A has approximetly 20 employees and is a large corporation. I am not making enough at company A, for they take over 50% of my earnings. Working over 80 hours in 2wks I bring in anywhere from 200-500 a check. Generally closer to the lower end. I made the decision that I wanted to leave and try to work for myself. I would in no way be any harm to their business. Unfortunately it just so happens that my familys place is right on the line. If it were 1 more, 2 more, or even ten more miles I would have chose it and wouldnt be running into this problem. Its not like I am choosing a random place, inside the no compete boundaries. I was offered something that would benefit me more than company A and because of the no compete I may be out a job. Or be at risk of them taking me to court, and being responsible for their court fees. HELP! PLEASE!
I also live in a neighboring state, which I could attempt to find employment, but if I were to do so, would this completely make the non compete invalid and I would be able to contact my former clients? That would be my only advantage to this.
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