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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12467
Experience:  Significant experience in all areas of employment law.
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A local cosmetology school owner as well as salon owner(they

Customer Question

A local cosmetology school owner as well as salon owner(they run the school and 3 salons) in the area recruit graduating students to work in their salons once they graduate. They make them sign a non-compete agreement in order to work in their salon which will restrict them from working in any salon within a 10 mile radius of their salons if they leave their employ for any reason. Since they own 3 salons in the area they have located their salons so it encompasses the whole town. (The Villages, FL which is a rapidly growing area of 100K residents) My problem is, as a recruiter for a salon in the area it is impossible to find local stylists because they have signed the agreement and are restricted for two years. Isn't this illegal to restrict the local workforce in this way? The salon/school owner actually is known for hiring and firing these stylists if they feel they don't meet their stylist requirements. They will do this in as little as 1-2 months of the stylist being hired. I can't seem to find what this type of situation is called in order to research it. Thanks for your help!
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

In FL non-compete agreements may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer as defined by Florida statute. Generally, restrictions of up to two years and covering areas where the employer actually does business will be considered reasonable by a court. So, the non-compete agreements you describe would typically be enforceable.

I agree that this makes it difficult for you to compete and that it's a bit unfair, but you have to find a way to work around this, either by offering to "buy out" these employees from their non-competes (paying the other salon an agreed upon sum in exchange for release from the non-compete), attempting to recruit the graduates of the school before they sign their non-competes with this salon, or recruiting from out of town.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.