Legal Question in Business Law in Colorado

Hello, I am a independent self employed nail technician. 8 months ago our old Salon owner sold the salon "Grand Illusions" where I was working at. At this time I did not know the old owner had a 1 year No Compete Clause. Recently the old owner opened a new salon "Tru" and asked me to come over and work with her. I gave my 2 week written/verbal notice to (Grand Illusions) as required by my contract with my old salon. Now the owner of (Grand Illusions) is threating to sue me because I told some of the girls at her salon I was going to the new salon and if they wanted to go they would all be welcome. As a Independent contract S/E person can she sue me for talking to her other independent S/E workers?


Asked on 7/23/10, 9:17 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say it depends in part on the provisions of the contract you signed. It also depends on whether you speaking with the other girls can be interpreted as unfair competition, specifically soliciting employees to join Tru. Although you say you're an independent contractor, most independent contractors like you are really employees in disguise; that the employer should have been withholding taxes and contributing to your social security fund etc. You can contact your state's employment or labor department and they will investigate. Finally, suing anyone costs a lot of money, so it may just be an idle threat. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/23/10, 1:51 pm


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