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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 20843
Experience:  30 years of practice.
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Im a 1099 hair dresser (independent contractor). The hair

Customer Question

I'm a 1099 hair dresser (independent contractor). The hair salon which accepted my position sent me a contract stating non-competing within 5 miles radius if left or fired, which is common but they specified all the prominant districts regardless of thr distance. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to provide an honest and accurate answer to your question.

I am unclear what you mean by all prominent districts. Is the restriction 5 miles or more than 5 miles?

Thank you.

JudgeLaw
Customer: replied 1 year ago.
Some are more than 5 miles. The contract is standard forms which they use for all employees and 1099 contractors. It states that whomever leaves within 2 years after hired needs to pay $7,000 for the training however, I was an instructor for the well known academy and the owner is hiring me for that reason and no training or any other education/compensation are provided. I can ask to modify the contract to waive the fee, correct?
Expert:  Loren replied 1 year ago.
Thank you, XXXXX XXXXX the additional information.

Yes, in view of your experience and circumstances, you must modify this agreement. There is no reason for you to face this penalty if they have not provided training.

Additionally, you should not be held to any restriction outside the 5 mile radius.

You should attempt to modify both those provisions.

It has been my privilege to assist you. Let me know if you need further assistance.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Customer: replied 1 year ago.
Thank you for confirming my thoughts. I have a last thought and your response is greatly appreciated. As I mentioned, they are hiring me as an independent contractor, no training, marketing, or any other compensations are provided except for my commissions. Typically the salon owners invest at least in marketing however this salon owner specifically mentioned that no marketing is provided, so the salon benefits from my cut of 50% and my service fee is the double of what the owner charges, hence they are just benefiting from my services not investing in any but just a chair space. Do you think it is reasonable to ask this owner to hire me without the contract?
Expert:  Loren replied 1 year ago.
Thank you for following up with me.

I think it is a better idea to negotiate the terms of the contract so that there is no confusion as to the terms. Working without any contract is possible, but it leaves you somewhat unprotected.

Thank you.

JudgeLaw
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 20843
Experience: 30 years of practice.
Loren and 2 other Employment Law Specialists are ready to help you
Expert:  Loren replied 1 year ago.

Thank you, Rowena, for your positive rating of my service to you. Let me know if you need more help. I will be here for you. Just ask for me by name - JudgeLaw

Best wishes and good luck to you.


If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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