What does this contract mean?
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what does this mean? b. At all times during employees employment and for a period of 8 months after termination of employment (for any reason) with Employer, Employee agrees not to engage in any capacity and whether for employees own account or as an employee, partner, officer, agent or otherwise for or with any other person, firm, salon medical spa, medical practice, corporation or entity, either (a) in any business that engages in hair care treatment, hair styling, day spa services, massage, esthetics, cosmetology product distribution and sales, or related services, or (b) in any other activity that would be in competition with the business of Employer as that business is conducted at the time of termination of employees employment. Employee is prohibited from performing the services described in this paragraph where such services are rendered or the effect of such competing activity would occur anywhere within 17 mile radius of any of employers business locations. 2) not to render any hair care treatment, hair styling, massage, esthetics, nails, pedicures, or related services, directly or indirectly, whether for employees account or on account of any other person, firm, salon medical spa, medical practice, corporation, or entity, to any persons who are or were customers of employer and with whom Employee has personal contact during the time of employees employment, without regard to where those customers or the employees post-employment competition may be situated. The parties understand and agree that the restriction set forth in this paragraph also prohibits the employee from recommending or directing such customers or employees to any other competitive concerns, or assisting in any way any competitive concerns, whether or not Employee personally provides any services directly to such customers or competitive concerns. Prior to engaging in any activities prohibited by the above paragraphs, or prior to accepting any position or employment which would be so prohibited, Employee agrees to provide at least 30 days written notice(certified mail) to Employer stating the description of the activities or position sought to be undertaken by employee, together with such further information as employer may request in connection therewith (including but not limited to the location where such services would be performed, the present or former customers of employer who may be anticipated to receive services, etc.) Upon receipt of such info from employee, employer shall within 15 days of receipt of all of the requested information, notify employee whether employer objects to the otherwise prohibited services or activities by employee. If employer does not object or does not respond the restrictions set forth in this paragraph (b) shall have no force and effect. Employer shall be free to object or not object in its unfettered discretion, and the parties agree that any actions taken or not taken by employer with respect to any other employees or former employees shall have no bearing whatsoever on employers decision or on any question regarding the enforceability of this restraint with respect to the employee. I sent them this letter: For the past 30 days I have been trying to seek employment that does not violate the covenant against competition and I have no offer of employment. Since I have the most experience in the beauty industry I would like to seek a position in this industry. But since there is nothing but country outside 17 miles I would like to be able to perform hair care and removal services in the 43219 and/or 43230 zip code. Thank you. They never responded does that mean I can do hair anywhere or just in those zip codes?? Please help thanks
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Answer:
This is more than likely a no-compete clause in an employment contract. To learn more about employment contracts. Employers use them to make sure that you don't leave to a competitor for a certain period of time if you quit their job. This helps them better retain intellectual property.
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Other answers
You must send them this letter via certified mail, so you have proof that they received it, and if they did receive but never responded than you have to ask a solicitor about what you can do about it. Every state has different laws and you would be wise to get legal advice, otherwise they can sue the pants off you.
It's a non-compete clause - for a period of 8 months after you leave that employment - and it is unclear the context in which you are involved. Did you sign this clause before you were hired, and now you've quit. Did the former employer send it to you after you quit, and they want you to agree to it now?
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