Non-compete with Massage Envy

My daughter was hired by Massage Envy as the Lead and in the New Employee is a contract that I had an attorney look at and it says that if she quits or is fired she can't work for 1 year in the field of massage and also for a geographical area for the next 2.

Do all locations use this contract?

She is a recent graduate and I can't believe that they would keep her from working some where else if it doesn't work out for her there.

That sounds absolutely criminal to me. She's be better off not signing it and not working for them. I am sure your attorney told you the same thing.

Mary B in Minneapolis, Minnesota said: My daughter was hired by Massage Envy as the Lead and in the New Employee is a contract that I had an attorney look at and it says that if she quits or is fired she can't work for 1 year in the field of massage and also for a geographical area for the next 2.

Do all locations use this contract?

She is a recent graduate and I can't believe that they would keep her from working some where else if it doesn't work out for her there.

Theree are limits to the law. You need to get a good lawyer to interpret this stuff, but theycan't keep you form making a living. That is an extreme.

They may be abler to keep you from working within aa geographical area, but not the whole world.

Judges love to make examples of theives likr these!

My guess is that they would never win in a court of law! They are just 2 bit con artists!

Mary B in Minneapolis, Minnesota said: My daughter was hired by Massage Envy as the Lead and in the New Employee is a contract that I had an attorney look at and it says that if she quits or is fired she can't work for 1 year in the field of massage and also for a geographical area for the next 2.

Do all locations use this contract?

She is a recent graduate and I can't believe that they would keep her from working some where else if it doesn't work out for her there.

They would'nt keep you from working becuase they could'nt keep you from working... if this was ever actually tested in a court-room - NO judge on any bench would rule in favor of Massage Envy on this. Regarding a "massage therapist position" no judge would give consideration to this type of clause and prevent you or anyone from working else where. The clause is totally pointless!!!

Mary B in Minneapolis, Minnesota said: My daughter was hired by Massage Envy as the Lead and in the New Employee is a contract that I had an attorney look at and it says that if she quits or is fired she can't work for 1 year in the field of massage and also for a geographical area for the next 2.

Do all locations use this contract?

She is a recent graduate and I can't believe that they would keep her from working some where else if it doesn't work out for her there.

This is so typical of this Big Bad Flawed Shame of a company! Non-competes can be fair, they need to be within reason. This is surely going to backfire on them when tested.

This is just one more way that this company is showing its true colors and they aren't pretty!

Geographical area of 50 miles are fairly common, but I don't think they can restrict your field entirely. Get another lawyer.

I started working for ME recently. Honestly it is not my ideal employment situation but for the moment it will do. Due to the way this industry is regulated I find myself working here as a stepping stone towards where I want to be in the long run. I won't go into all the details regarding that though.

When I saw the non-compete agreement they wanted me to sign as part of the hire process red flags went off. It is way too restrictive just on the face of it. It basically states that I would agree to not work for two years for a competitor or myself in the city of san diego for two years (YES two years not one year) AFTER I stopped working at ME. On a common sense level that just made no sense.

When I spoke to the manager she said...oh that seems too restrictive but don't worry no one ever follows up or enforces these things. I thought to myself if no one follows up or enforces these things then you won't mind if I don't sign this stupid morally compromising legal looking document.

I filled in all the paperwork and held on to the non compete form and didn't sign it. I then went and did my own research.

"Unlike the situation in other states, non-compete agreements are illegal in California and against public policy. (California Business and Professions Code Section 16600"en.wikipedia.org/wiki/Non-compete_clause

"16600. Except as provided in this chapter, every contract by which
anyone is restrained from engaging in a lawful profession, trade, or
business of any kind is to that extent void."caselaw.lp.findlaw.com/cacodes/bpc/16600-16607.html

If for some retarded reason they decide to fire me for not signing that ridiculously illegal document they will find themselves in deep do do. This link gives a great break down as to why.

www.akingump.com/docs/publication/412.pdf

I hope this helps.

OMG! I don't remember signing a contract like that. I hope I didn't. I don't understand how they could restrain you from working in the same area? That just doesn't make any sense to me. I understand that you can't take their clients for your own, but not allowing you to work in the same area is ridiculous. I sure wish I would have never seen that stupid post card they sent me to take a job there. If I weren't in such dire straights right now, I wouldn't.

LMT in Largo, Florida said: OMG! I don't remember signing a contract like that. I hope I didn't. I don't understand how they could restrain you from working in the same area? That just doesn't make any sense to me. I understand that you can't take their clients for your own, but not allowing you to work in the same area is ridiculous. I sure wish I would have never seen that stupid post card they sent me to take a job there. If I weren't in such dire straights right now, I wouldn't.

I'm not an attorney - that's certainly the best place to go for such info re: non competes. But I do recall one mentioning that NEW business (as long as you aren't getting the business from the employer you signed the noncompete with) is NOT something that's relevant. Harder to enforce.

Again, though, I'd check things w/an attorney. Always best to get advice from someone who can guide you through!

Mary B in Minneapolis, Minnesota said: My daughter was hired by Massage Envy as the Lead and in the New Employee is a contract that I had an attorney look at and it says that if she quits or is fired she can't work for 1 year in the field of massage and also for a geographical area for the next 2.

Do all locations use this contract?

She is a recent graduate and I can't believe that they would keep her from working some where else if it doesn't work out for her there.

I would not sign that. It would keep her from working AT ALL in her field.

I've not spoken with an attorney, but I have spoken to people that have their own business and they all say that it would be impossible for ME to control what their therapists do after they have quit working at ME. How would they possibly enforce that? They wouldn't. So, the non-compete thing is just for the therapists to not take ME's established clients. They CAN sue you for that, but I'd bet they wouldn't because of the court costs. It would cost them more to pursue it than they would to get a new client. Now, that's just my opinion. I could be wrong, but I don't think so. I think that the non-compete clause is a scare tactic.

All they are looking to guarantee is that the therapist don't take clients that were legitimately obtained thru ME's efforts and costs, away from the business.

my 2 cents
One of my classmates applied for the same position a few days earlier and later decided not to take the position.
I applied for a Sales position at the Boca Raton Location. Since I changed careers to get into Massage Therapy I figured it would be a good way to learn the business and make some $$$ while in school. I called to follow up on my interview they never returned my after 3 messages not even to say "we already hired someone" This week while job searching the same position is available I call to find out if its valid or not and still no calls back after 3 attempts.

As a male soon to be MT is frustrating cuz here I am with all the qualifications and willing to work for chump change but they lack professionalism and I will soon be filing a EEO claim.

what is the rate of pay at me for
sales
front desk
ca
aca