I would like some advice about possibly having a non-compete modified. I have been trying to find a job in the next county since before Christmas with no luck. I would like to work as a fill in as several places until I can find a permanent position. I am currently filling in/on call (independent contractor) at 3 places. I do not wish to build clientele, start a business, or work with my former clients. I just need to pay my bills. Anyone have any advice/experience with this. From what I can tell the non-compete I am under might not be reasonable do to it's length (3 years) and radius 30 miles (especially in the mountains, that is nearly an hour drive). It was kind of sprung on me at the last minute, and I was very pressured to sign it.

Hi Gael,

Non-compete documents are rarely ever enforced and hard to win even if pursued. Usually costs the employer far more to get a judgment in court than it's worth. Personally, I wouldn't worry about it.

3 years and 30 miles sounds burdensome. Your goals aren't to open a biz now, but 3 years is a long time. You might change your mind. At least, I suggest you keep your options open.

Are you willing to try and negotiate this, and assume the risk of losing the job?

If you are, then you want to first ask if there's some room to have a discussion about the contract. Understand that their overly-restrictive contract might be borne out a past history where they got burned. As a former employer, your ability to emotionally relate to that can help build a bridge in the negotiatons.

The most reasonable thing is that they need assurance that you're not going to take their clients.

You should not state, "I don't want to build a clientele." That keeps the conversation still on the topic of how much power you have, based on your wanting to do it or not. I'd switch topic ever so slightly.

Tell them how much you want to build a clientele for them. That reinforces your postivive assets and hits on a core need of theirs. Emphasize your team player skills. Let them know that you understand how hard and expensive it is for them to get those clients in the first place.

Following me? Win them over with how you can benefit them because you, of all people, really understand the concept of "the spas clients will always be the spa's clients."

The unreasonable part is that the distance & time of the restrictive covenant.

If these are the kind of people you can communicate with, especially if the rapport is well established from the first part of the talk, then maybe you can gently renegotiate the terms.

I'm a little unclear if this particular job is an IC position or an employee situation. If it's an IC position, then they CAN'T restrict you from having a private practice, as having your own business is an IRS legal requirement for them to be paying you as an IC to begin with.

If you're 100% sure you don't want to open a spa again, then you might promise them that. But can you really promise that you won't open a private studio in the next 3 years? Again, if I was your coach, I'd suggest you keep that option open.

You might have a disclaimer written in to the effect of "contractor agrees not to open up a competing day spa
in ___ County, State (or miles.) But then also have a disclaimer such as "this contract does not restrict the independant contractor's right to own, operate, and promote her pre-existing independent esthetics business." (I'm not a lawyer, but that's the sort of disclaimer you'd want written in your contract.)

Remember to keep the non-verbal parts of the negotiation "light." The owners might be suspicious or on guard. You want to soften that contract up without coming across as confrontational.

PS: Douglas was responding as I was typing. True, you could just sign the darn thing and not worry about it. My recommendation is to have more communication though.