I think people have the right to work wherever they want. And yes, I spent money to promote my employees and do marketing for them. But still, I can`t imagine having the kind of professional jealousy that would make me ask a therapist to sign a paper that practically says they can`t practice unless it`s in my store or far enough away that it`s no longer competing. What`s wrong with people? Competition is a good thing. Trying to tell someone that they can`t work if they don`t work for you is contrary to the principles of entrepreneurship. For me, the message is, “I`m not so sure of my own ability to maintain a decent business that I don`t want you to confront me.” My wife is a masseuse, and I helped her create a website, market it, and book it full-time with clients. She trains from home. We want to take the next step and open a physical site and start hiring staff. The General Court then assessed whether the spa could demonstrate the adequacy of the non-competition clause and observed that a restriction of a worker is unlawful where it is intended to prevent competition `unless the methods of competition to be avoided are methods generally considered unfair`.
The court found that the spa had not demonstrated that the non-compete clause was closely appropriate. The Court of First Instance decided that the only legitimate interest protected by the non-competition clause was the customer relationship and held that “if it was an important interest, a total prohibition of competition was not necessary. On the contrary, a “prohibition on advertising” would much more adequately protect the defendant`s interests in preventing the exploitation of its customers. The General Court assessed whether the applicant could show that it would suffer both imminent and irreparable damage if it allowed the spa to enforce the non-competition clause. Abuaysha had submitted medical documents indicating that she suffered from a disorder related to the disease, which required two different medications. She argued that if she could not work for her new employer, she would not be able to pay for the necessary medication and would be less able to find employment in general. She also argued that the damage of the money would not adequately address the impending damage caused by an untreated crisis. Regarding the competition bans, Dale Atkinson, an internationally renowned lawyer representing the ESMTB, said at last year`s meeting that if an employer asks you to sign a non-competition clause, go ed.
He will not be judged unless you are by chance the vice president of Massage Envy, who is introduced to corporate secrets….