If I didn't sign a non-compete, can I still see my clients?
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The salon does not own the clients themselves. You may be able to email clients you personally worked with, but whether you should depends on (a) whether you used confidential/company resources, (b) whether you are still employed, and (c) the governing state law. If the client list or contact method is proprietary or you solicited while still employed, your former employer could sue.
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I'm a hairdresser and I'm leaving my salon for one closer to home. When I put in my notice, my boss implied he'd sue me if I contacted clients — he says contacting clients is “stealing” information from the salon. I never signed a non-compete. Is there real grounds to sue, or is he just trying to scare me?
I understand your concern. Were there any clauses in your employment contract about contacting clients or non-competes?
There were no clauses about contacting clients in my contract.
Have you already started at the new salon, or are you still transitioning?
I'm legally an employee at the new salon, but I won't begin working there until I leave my current one.
Anything else the lawyer should know before I connect you?
Yes.
Welcome — thanks for using AskaLawyer. To help: did you sign any contract?
I didn't sign any contract when I started. The salon got a new owner a few months ago and the new owner also didn't have us sign anything.
And they say you can't take your specific clients?
They are specifically saying I'm not allowed to contact any clients I've worked with using salon information that up until this point has been open, available and fully downloadable from the booking software provided to us.
Ah — they may argue the client's info is a trade secret that you can't take. However, you could instead send information to your own clients from contact information you keep, or ask them to notify clients of where you'll be transferring. With the booking software, the salon likely owns the contact list in that system.
I don't plan to use the booking software to contact clients. The information I have is copied from my time working here. He implied that emailing any of my clients without his permission would be grounds to sue because that information is in the booking software.
The salon does not own the clients themselves. You may be able to email clients you personally worked with, but whether you should depends on (a) whether you used confidential/company resources, (b) whether you are still employed, and (c) the governing state law. If the client list or contact method is proprietary or you solicited while still employed, your former employer could sue.
Alright, thank you! That was what I needed to know.
Of course! Anything else I can clarify or assist with?
No, that was all, thank you so much.
You're very welcome.
