STAND UP AGAINST NON COMPETES!
larabear
Posted 2008-01-02 12:16 PM (#101369)
Subject: STAND UP AGAINST NON COMPETES!


SOme studio wanted me to sign this ridiculous agreement- I was insulted and appalled- It's funny to me that it has evolved that Yoga instructers who make so little, are expected to sign these things! Are they for real- but I hear it's become quite the norm! Chefs among thousands of other proffessions are not expected to , yet resteraunts stand jhust as much to lose if their talent goes, well here is what I wrote back- I hope this inspires others to do the same! WE'RE NOT GOING TO TAKE IT!!!! THis is a democratic country and a capatilist one , not a monopolistic one- deal with it!!!!!! HERE's WHAT I WROTE:

I received the non-compete agreement in the mail and looked it over with my Husband. I cannot, in good conscience, sign such an agreement as written. I am sure many people simply sign these agreements without thinking about what they mean or understanding their legal ramifications, then simply do whatever they are going to do without concern for what was signed, but that is not how I prefer to behave.

Though I am fine with the terms of the non-raid clause, (This is a clause that says you cannot poach the teachers from the studio, and they cannot work for you for up to a year- even if they come to you on their own) my husband remarked after reading it, that when he left a job two years ago in game design they paid him $20,000 to sign a less restrictive version of such a clause. The classes I will be teaching at SAID STUDIO do not even guarantee that I will make $40 a a class, since it is comission based, yet I am being asked to sign a more restrictive agreement.

The non-solicitation agreement takes away my rights to teach one-on-one classes to anyone coming to me or at another studio, regardless of if I have had any contact with them. Additionally, SAID STYLE or a 'similar format' is a very vague definition – to a judge, any form of exercise would probably be considered similar.

The non-compete clause attempts to remove my rights to teach at many studios in the area, and as a freelance yoga teacher, who will only be teaching the one class at your studio, I make my living off of working at many different studios. For me to wave such a right, I would need to be earning enough from your studio that I don't have to work at all at other studios, and even then expecting me to not work in the area for up to a year after leaving your studio without compensation doesn't make sense. For example, your studio could, God forbid, close, then a studio in SAID TOWN may open, and I would not be able to teach a class in the style I choose, for up to a year. My husband has also signed non competes in the past, and they have all guaranteed his full time salary during the non-compete period.

In most states, non-compete agreements are unenforceable, and when taken to court are almost always thrown out. More importantly, they put an employer on the wrong foot with an employee by placing a large amount of legal weight and mistrust at the front of the relationship. I do not believe this leads to a healthy business relationship, as in all relationships a measure of trust makes them better. For $40 a week which isn't even guaranteed, I feel it is quite excessive to expect anyone to give up so many of their rights for so little compensation. I cannot know what opportunities might exist in the future, and it would be foolish of me to close so many doors for so little compensation.

Perhaps a modified version of a contract as follows would be acceptable:

1.You can leave non- Raid as is.
2.You can leave non-solicitation “a” as is, but take out “b”- or modify it to say that I cannot in any way approach students for one on one classes, but they can come to me on their own accord
3. You can take 3 out for the above reasons. (non-compete)
4.You can leave Non-disclosure as is. (you can't steal their database of students and use it to form your own)

I really hope that you understand my situation and reasons for not being able to sign such a document. I've always stuck up for what I believe, and I think that the true meaning of yoga encompasses an effort to be true to what we really are. I certainly understand your wanting to protect yourselves, however this document seems extremely excessive and expects me to give up far too many of my rights for such little compensation. I need to protect myself as well.

THen I ended on a good note telling them I still remained very excited to work at their studio, and that hopefully I still would.
Sincerely,
Stand up for YOURSELF!!!!!!
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GreenJello
Posted 2008-01-02 12:32 PM (#101371 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


Good for you. I personally don't care for non-competes, unless there's a very valid reason for it. I think it's good you've made a distinction between a non-raid contract, and the nebulous contract they're asking you to sign.
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hnia
Posted 2008-01-02 12:36 PM (#101372 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


Interesting. I'm starting to teach at a new studio that is very close to my first studio and will directly complete with them...

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Posted 2008-01-02 1:26 PM (#101374 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


Begun by St. Augustine and used as well during the Inquisition,  many people, when tortured, were forced to sign confessions. They adopted a signature that included a small cf afterwards, which stands for contra firma, Latin for "against my will."

Still good in courts today--I sign many "required" documents presented by looser businesses that way in order to "comply."

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kulkarnn
Posted 2008-01-02 2:52 PM (#101381 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


I like 'cf' word than 'f' word. Thanks BBB.
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larabear
Posted 2008-01-02 3:05 PM (#101382 - in reply to #101374)
Subject: RE: STAND UP AGAINST NON COMPETES!


cf- does it really work?! in MA? anyone know?- yeah, but it's a thing of principle and ethics - what's newt they're going to want to know everyone you've ever taught- so studios can sue eachother?!
L
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Posted 2008-01-02 6:12 PM (#101386 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


BBN and others who may care--I figure we can rage against the machine and not get hired (like giving them the "F"); or act like we wanna play there game and then get hired and work incidiously from within. As noted, there's an ethics question...we can pull a Julia Butterfly Hill and sit in a tree for two years to make a public stand but then her tree got chopped down anyway. Being a covert op for most of my professional career, I like doing cunning activities from within....ethically of course. 
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larabear
Posted 2008-01-02 9:31 PM (#101393 - in reply to #101386)
Subject: RE: STAND UP AGAINST NON COMPETES!


Okay say I did sign it with cf, But what happens when the studio in a nearby town- 10 miles away is within the ridiculous 15 mile radius non compete clause area, asks me to teach a couple calsses at their studio, and I accept?
THe first studio is going to know because they are obsessed with what goes on at the other studio. AGHHHH!! SO frustrating I just want to do yoga, teach yoga and hang out with my baby girl!!! ANd not deal with all this beuracratic bull I would of become a suit if I wanted to do that!
I still haven't heard the reply from the first studio after I sent that, we'll see what happens- but like my husband says- no hard feeling if they ditch me- THey are not people I want to work for anyway. (sour grapes) I think that it is important to be who we are and stand up -it's what yoga is- know thyself and be true to what the truth is, and their are many studios who do get it. Like said studio in nearby town- they are awesome and already told me that their is no such non-compete. anyway thanks for being there it is nice to hear some feedback from fellow teachers. Nice pic BTW!
L
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Posted 2008-01-02 11:23 PM (#101401 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


Sounds like you have a fine common sense approach to the situation Lara. You know in your head and heart what do do and with whom you want to do it--you're obviously not one to be trifled with--give 'em he11.
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Andre
Posted 2008-01-03 1:29 AM (#101406 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!



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Non-comps are a pain in the ass and stupid. Sometimes they make sense. And sometimes they're unenforceable. You might check if your state is a right-to-work-state. Or....

My husband has also signed non competes in the past, and they have all guaranteed his full time salary during the non-compete period.

Sign the thing, but add your own clause like this. See if they even notice!
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bstqltmkr
Posted 2008-01-03 9:07 AM (#101413 - in reply to #101374)
Subject: RE: STAND UP AGAINST NON COMPETES!


Bruce - 2008-01-02 1:26 PM

Begun by St. Augustine and used as well during the Inquisition,  many people, when tortured, were forced to sign confessions. They adopted a signature that included a small cf afterwards, which stands for contra firma, Latin for "against my will."

Still good in courts today--I sign many "required" documents presented by looser businesses that way in order to "comply."



This is great information for everyone. Thanks Bruce
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Posted 2008-01-03 9:36 AM (#101414 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


i don't see why you have to be so extremely upset about them. you do not have to work for these people.

from my own experience, these clauses indicate people who are too insecure to emotionally handle this business. they make horrible employers. as soon as you start to shine, they become/feel insecure, and then they begin to clamp down in a variety of ways--never excluding harassment and emotional abuse to "break you down" all the while telling you that they're "helping you break down your ego." (but it's really about their ego).

i simply will not work for people who ask for these sorts of things in their contract. they're ridiculous.

in the past, i would tell the studio that they either have to salary at an amount that i want to earn or that i already earn as a yoga teacher. they typically do not like that, but want a teacher, and so they remove the clause from their contract.

as i said, i've never had to worry about the non-raid clause as i've never confronted it before, but i truly believe that students and teachers have total free will, and i'm not going to reject a student or teacher who chooses to follow me instead of staying put. the vast majority, btw, stay put--and these insecure people have, in the past and presently, accused me of "stealing" their clients and teachers.

i never asked these people to come, i never gave them information that i was leaving. i leave, they freak, they leave, they find me.

it's the insecurity that sees this as "theft" but it is not "theft" or "poaching." it is simply that a student has chosen based on his/her experience.

So, today, i avoid any employer who displays any sort of emotional insecurity about their business.

Edited by zoebird 2008-01-03 9:42 AM
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Posted 2008-01-03 9:55 AM (#101416 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


also, i'd like to add that there are good times and places for non-compete clauses. typically, they exist in industries that have "trade secrets."

while a lot of people like to think of their yoga specialties as "trade secrets" or what have you, i think that this is simply not the case. the information is all too available to anyone.

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GreenJello
Posted 2008-01-03 12:49 PM (#101430 - in reply to #101416)
Subject: RE: STAND UP AGAINST NON COMPE


zoebird - 2008-01-03 9:55 AM

also, i'd like to add that there are good times and places for non-compete clauses. typically, they exist in industries that have "trade secrets."

Exactly. I've been asked to sign two non-competes in my life. The first asked me to not take a job with my company's competitors and JUST them for the space of 6 months. In this case I was working for Matrox, who makes graphics cards for computers, and they asked me to not take a job with nVidia or ATI, who are their main competitors. I was free to go anywhere else in the computer industry at any time, but there was a serious potential for trade secrets to move in this way. It's also pretty common for these types of companies to poach each other's employees to avoid training costs.

The other time I was asked to sign one was when I became the employee of a contract firm. They asked that I not become the employee of the company they had me working for without their agreement. This is often done because they want a head-hunter's fee, and a great many company would like to get around this by hiring their employees directly. Since they found the place I was working for, I had no problems with this one either.
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Posted 2008-01-03 4:32 PM (#101445 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


If one is filled or filling with venom over such a contract how could one possibly offer something to students within a yogic context? When a reaction is disproportionate with the action preceding it then there is a likelihood more is going on than meets the eye.

It really doesn't warrant that much reaction. If it is a big deal, simply do not sign it because it doesn't sit well with you and goes against your grain, and do that with a kind smile and a thank you rather than bitterness...OR...sign it freely and agree to abide by the acceptance that is requisite for a contract to exist when it is offered.

Based on the OP's sharing I would be shocked if she signed such a document as it is apparent that the mere request of it is engaging some deeper emotions.

This IS Yoga.




Edited by purnayoga 2008-01-03 4:35 PM
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tourist
Posted 2008-01-03 7:16 PM (#101455 - in reply to #101445)
Subject: RE: STAND UP AGAINST NON COMPE



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It is an interesting issue that luckily, I have no experience with. I do teach in my home as well as in our studio. I asked the board of our studio if it was ok for me to post things about my studio and they said they thought it would be a conflict and they would rather I didn't. So I don't. I don't solicit students from the studio classes, though many of them know I have a class in my home. It wouldn't be nice, or yogic or good karma. And they wouldn't lawyer up against me if a student or two moved to my home class. That would be dumb. And expensive. And only the lawyers would win. And we don't want that!!!
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yogabrian
Posted 2008-01-03 7:18 PM (#101456 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


I have to admit, I would do a non compete. For about a million (after taxes) a year. Otherwise I never would do one. Never really saw the benefit to myself in it.
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asananow
Posted 2008-01-03 11:26 PM (#101463 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


I have signed non-competes in my full time career and even had a lawyer look one of them over.  She told me they are pretty much unenforceable but who would want to find out the hard way? I'm not a lawyer and legal advice online is worth the price you paid (zero). However, in my field (sales) if I jump ship and steal customers or employees that were introduced to me by that employer it would be unethical and the non-competes are pretty typical. 

When I have made job changes, I notified clients and coworkers where I was going (simple announcement, new contact info) but did not solicit them directly for a year.  I responded to inquiries, I kept up relationships, I sent out general notices and mailings.  This has worked against me as I did lose some key accounts I probably could have easily 'raided' but I feel it was the right way to handle the situation.

In the OP's described circumstaince it does seem a little excessive, however one would have to wonder why it was presented in the first place.  Has this business had a history of problems with employees freelancing and stealing their customers?  Is it just a suggested form they got as part of a package from an attorney, accountant or business group?  Do they feel it is important or will they just say, "oh yeah, this really doesn't apply to your situation".   

Sometimes with 'standard' forms it is easy to discuss and then add a statement or two (if you don't just get the form waived).  For example you could add a statement that you are hired on a per class basis and reserve the right to teach at other times and locations either self employed or as a subcontractor to other area organizations ...blah...blah...blah. This is best handled, in my experience, after a discussion to clarify what both parties priorities are.

The real question is, do you have the option to have a common sense conversation with a hiring manager about this? Good luck, I hope it works out for you.

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larabear
Posted 2008-01-04 12:28 PM (#101481 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


Okay, WOw!!! Thankyou all so much for all of the support. I think You are all awesome and right! I think I was feeling very unsure and insecure, simply becuase I have never been asked to sign one of these, and also because I wasn't sure if what SAID EMPLOYER had to say had any value to it. SO I was truly torn. ALso I really was looking forward to teaching the unique class (Mom's and babies) I was going to offer- just having had a child. It turns out she has no validity at all. I was really trying to see her point of view, I even compromised and told her I'd be willing to sign the contract as is, except to change the radius to 5 miles from the studio in the non- compete clause. Furthermore I told her I'd sign a confidentiality contract with her that says I won't discuss my contract with anyone from the studio, staff, students etc. (with the exception of all of you! LOL ANd If she wanted I would sign a contract that says I would stay with them for a year or more, unless anything unforseen were to happen, etc.
I wrote "SUrely this would gaurentee you security and safety of your studio, while allowing me some freedom to teach outside of the 5 mile radius area.
She wrote back asking me if I would be willing to to sign a neighboring town contract, which I refused- because (I';m not stupid) that would encompass 10-15 miles anyhow!
I was like, come on are you kidding me?!
ANyhow, I know, I know, unecessary drama and tons of red flags- well, I guess I just needed to hear it from some collegues before giving her the finger (peace fingers I mean!)
L
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Posted 2008-01-04 12:34 PM (#101482 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


i bet that a church, wellness center, or community center would love to host your class. look for alternative spaces to rent, too.
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Kym
Posted 2008-01-04 6:30 PM (#101496 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


Everyone had great advice. This studio sound like a tough place to work. I'd keep looking.
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tmarques
Posted 2008-01-05 2:46 PM (#101524 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


I wouldn't suggest a clause that forces you to work for them for at least an year when you already suspect they might be difficult employers.

Anyway, sounds like they are willing to negotiate, so good luck with that.

On a side note, I believe cf actually means coactus feci, or "done under coercion". Firma means assurance and contra against, but I'm not sure what the expression contra firma means. In any case, I doubt it would make any difference in this situation, since she's not being forced to take the job. She's obviously free to turn it down.

Edited by tmarques 2008-01-05 2:47 PM
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Posted 2008-01-05 3:34 PM (#101527 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


I got the ole contra firma from a first year law class over 30 years ago--memory may not be 100% -- Zoebird, you wanna arbitrate?
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larabear
Posted 2008-01-06 9:32 AM (#101536 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


So In the end she replied that it was too difficult to try and figure out what a 5 mile radius is?!
even though a 10 mile or 15 mile radius was clearly okay with her to try and figure out!!And that maybe it would work if I agreed not to work in adjacent towns- which would in some cases be 15 miles away from the studio! This is what I wrote back:

Hey,
I just got this.
I hope you realize in almost all of the towns in the adjacent towns proposal, encompass a 10- 15 mile radius! It is basically saying the same thing. Alexandra, I can easily give you a link that shows you exactlly where a 5 mile radius would lie! Look I feel like I said before that I am giving you everything that you could possibly want to ensure that your studio is WELL protected, I think
that it is AWESOME if we can make this work, but come on now. It is still the same thing 10 mile radius. , look, here is the link :
http://www.maps.com/radiusmaps.aspx?nav=MS
All you have to do is enter the studio's info and then click on "draw the sample map" (make sure to pick the biggest size you can- so you can clearly see where the radius is- then you can reference google maps to reference.
I am willing to bend over backwards for the studio, give you a huge comitment when in return I am not gaurenteed anything, and all I ask is to be able to have freedom to teach outside a 5 mile radis of the studio, which is giving me less freedom than what any studio, has ever givinme. And I would be Giving you the best I can give any studio- full heartedly!!
Lara

So In the end she replied that it was too difficult to try and figure out what a 5 mile radius is?!
even though a 10 mile or 15 mile radius was clearly okay with her to try and figure out!! SOOO ridiculous, and then she pulled spiritual manipulation on me, saying that in her heart she felt that maybe I wasn't ready to take on a role at the studio, and that in her heart she felt that something was telling her that it doesn't feel rightand that we shouldn't go ahead-
In your heart? How about the reality is that becasue she couldn't manipulate me to give up all my rights she feels that it is okay to powertrip me into basically saying that "I am not enlightened enough to see her side, so it shouldn't work!
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larabear
Posted 2008-01-06 9:35 AM (#101537 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


AND BY THE WAY,
it is not okay to cut someone down and manipulate them spiritually when you don't get your way. I see a lot of teachers take on the, people are just not enlightened like me, when they don';t get what they want= highest form of manipulation!
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larabear
Posted 2008-01-06 9:41 AM (#101538 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


Lastly, to end on a good note-
I am very happy in a way that it didn't work out. A nearby studio is already interested in hosting the class. THANKYOU all so much for the awesome feedback. I feel so fortunate to have all this support!
ANd thabks for the suggestion to host in a church, etc- good idea!

I think motherhood is the single most transformative time for a woman, and more than ever our bodies need our yoga and other theraputic practices to help us manage stress and reconnect to our new bodies. What's great about mommy and me is that it helps women learn how fit in our practice with our babies, and to connect to other women who are also new moms. Having just had a baby I feel that I have a advantage in teaching this uniqe class.

I can't wait to teach it. ANd like my husband said- all the stress she had already caused me could never be compensated by a studio who focuses so much on what they are taking and not giving anything back to their teachers!

I have no hard feelings toward Alexandra from Absolute Yoga in Hopkinton, MA- I simply feel that I am fortunate to be out before I ever got into that sort of environment, and I'm glad I see it now- because I couldn't see it before.

ANyway- thanks so much again for all your help on this one!
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Posted 2008-01-06 10:18 AM (#101539 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


Your husband is a yogi! A very wise man.

<<ANd like my husband said- all the stress she had already caused me could never be compensated by a studio who focuses so much on what they are taking and not giving anything back to their teachers!>>


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Posted 2008-01-06 10:34 AM (#101540 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


didn't i call it?

seriously, it's about emotional insecurity. she feels very insecure "in her heart" and because of that, she cannot simply allow people to be. good thing you were able to avoid this.

now, interestingly enough, people who are secure have no problems with this. my friend opened a studio in downtown p-ville, a revitalizing town near me that is AWESOME. anyway, my friend is very cool and she gives us a sweet deal. and, she wants diversity, so we just do our thing and she doesn't worry about it at all.

well, a new studio is opening two blocks away. my friend was at first a bit nervous, but we talked about it. the truth is, what my friend offers and what another studio offers are going to be two different things. even if they're both offering yoga. and, she has no problem if the teachers who work with her work there too.

to be honest, she knows that she cannot make up for what i want/can earn if i work multiple places--even if two blocks away. there simply aren't enough classes.

now, i have no intention to work for this other studio--like i said, my friend gives me a sweet deal.

but notice that a secure person is perfectly ok with a studio opening two blocks away AND her teachers going there to work if they want to.



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larabear
Posted 2008-01-06 12:56 PM (#101544 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


YOu were right!

I meditated last night in the car on the way to the grocery store, multi-tasking at its best!

and I thought, In a universe where we are constantly dying and being born, where everything is temporary adn eternal at the same time, in this dicotomy, to try and restrict anyone or anything is futile.
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larabear
Posted 2008-01-06 12:57 PM (#101545 - in reply to #101369)
Subject: Bruce,


It's funny because Jason, my hubby is a game designer- he is partly responsible for that game "Guitar Hero" and Rock Band" endorsed by MTV- and people always ask me,
You seem so different, yoga teacher and videogame designer?!
But in some ways as much as he is constantly on the computer, watching TV or playing games, and I am playing with Zoe, at the library and doing yoga,
He is infinately more grounded than me, and does seem to have practical wisdom!

I'm so caugjht up in not wantng to hurt anyone's feelings, and in his no-nonscense way he seems to avoid conflict better!

Peace,
L

Edited by larabear 2008-01-06 1:01 PM
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Posted 2008-01-06 5:01 PM (#101556 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


Though this seems "over" I'd like to add one last point.

The studio owner or director absolutely has the right to use a non-compete or a contract with any language he or she chooses. Said person is running their own business and as such can craft that however they'd like. If she/he wants to offer pole dancing or pilates...it is up to them.

If we, as teachers, don't care for their business model, their offering, or their treatment we are free to go elsewhere if reasonable negotiation is not fruitful.
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larabear
Posted 2008-01-06 5:58 PM (#101557 - in reply to #101556)
Subject: RE: STAND UP AGAINST NON COMPE


Yes, you are right,
But since it was sprung on me in the last minute, after I had already told friends and had advertised the class,
I was just trying to see if we could make something reasonable work in hopes that both of our needs could be met, I was wrong. But it was worth a shot.
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larabear
Posted 2008-01-07 1:56 PM (#101615 - in reply to #101557)
Subject: RE: STAND UP AGAINST NON COMPE


additionally if every studio were to require this of their teachers, it would become impossible to earn a sustainable income without having to drive over 100 miles
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Posted 2008-01-08 1:15 AM (#101637 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


Who's earning a sustainable income? LOL

Did you previously mention that this was "sprung" on you at the last minute?
If so, then I missed it. I'm sorry.

If not, then it seems it would have been very relevant to add to the thread a bit earlier.
And while I think we'd all agree that it's a questionable thing to do when done last minute, life is sort of like that. My guess is if that is the sort of thing a business does then it's best not to get involved with them at all. Better to know before then to find out their wayward six months down the line.


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mishoga
Posted 2008-01-08 7:00 AM (#101642 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!



Expert Yogi

Posts: 1738
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Larabear,
You don't know me well but I just thought I would offer my experience. This past summer I went through some emotional issues and my youngest son was diagnosed with a lifelong illness.
While going through all this emotional baggage I was seeking employment in a yoga studio, not having much luck I might add. The high and mighty attitudes blew me away.
Finally one picked me up and a verbal non-compete was agreed upon. I was not to work in any yoga studio within a 15 mile radius. Wouldn't you know as soon as I started working at this said studio (a early bird class time, hard to pull in the numbers) 2 other studios called me. I had to decline because I made a commitment.
I stayed with this studio for most of the summer but eventually ended my relationship and employment there because spiritually it was NOT a good fit. I wanted to work in a yoga studio so bad that it clouded my intuition and ultimately lost sight of what I strive to represent.
I've come to the conclusion that I like working on my own. I did not have a pleasant experience being involved in a so called "Sangha" where I was not welcome and needed to conform.
I will never agree to a non-compete nor will I seek employment where I must be what I am not. I do not like any individual who terms themselves "enlightened", especially studio owners who portray themselves as above others.
I will remain a single entity who works for the benefit and goodness of all. I can, have and will continue to deliver that message on my own terms as I believe my path has been paved for me to follow.
Maybe this sounds harsh. I went through so much this summer and that includes my involvement with a yogic life. I almost walked away from yoga. But luckily I meditated daily to the divine spirit and she guided me.
Tune in to your third eye and follow your heart.
In Metta
Mish
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Posted 2008-01-08 7:52 AM (#101650 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


I'm SO glad Mish has found her way back and offering solid advice for us all.
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larabear
Posted 2008-01-08 2:21 PM (#101682 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


wow. Thankyou for sharing. I am sure something similar would of happened. I am Proud to reaport that another studio, after putting the word out, will galdly be adding my Mommy and Me Yoga class to their schedule- and on top of that, the owner, Shawn of MEtrowest Yoga in Westboro, MA,
has had a similar history of violence that I too have had in my past. I really connect to her on many levels, her studio is beautiful and striving effortlessly, and she told me that they never ask non competes of their teachers!!!
The drama is over folks!
I will post my class link as soon as Shawn adds me to the studio profile!
This way you can see my baby girl and I's pic!
Thanks for the love folks,
I recently wrote another post entitled, Miss the ashram blues- and the feeling of community that I convey in that post, is one and the same of the sense of family and support that I feel from all of you!
I can't tell you how much I needed the push in the right direction.
L
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kulkarnn
Posted 2008-01-08 3:03 PM (#101685 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


Thanks to SisMish for the great Yogic Attitude. I shall do the same.
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tourist
Posted 2008-01-08 9:20 PM (#101702 - in reply to #101685)
Subject: RE: STAND UP AGAINST NON COMPE



Expert Yogi

Posts: 8442
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Frankly, I can't imagine any independent yoga studio having the kind of funds necessary to legally challenge anyone violating a non-compete anyway...

And yes, GOOD for YOU mish!
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mishoga
Posted 2008-01-09 6:01 AM (#101712 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!



Expert Yogi

Posts: 1738
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Location: right where I'm supposed to be
I have to add one more thing here that I think might rise debate and if so we can start another thread.
This studio that I worked for over the summer, well the yoga practitioners who worked there were fully aware that I blogged online and let me know in many ways that they read them. They also stated (not in these words) that people who participated on forums and wrote blogs are shallow, have problems, etc......
I saw nothing of value in their comments except to let me know they are reading my words (which really is a compliment that they take time out of their schedule to read them). I regret nothing I have said or shared. Who are we as role models to our students to judge another???

I just want to say that I love you all and you have all been instrumental in the development of my knowledge, views and practice of yoga. I have met some incredible yogis here that I hope to meet face to face throughout my life.
In Metta
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Posted 2008-01-09 10:05 AM (#101722 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


well, i have normal human problems, honestly. who doesn't? of course. . .i like being online.

it's not my whole life, but i learn a lot, and it's fun, and it's not like i do this exclusive of other work or time with people IRL.

and some of my online friends have become good 'real life' friends too.
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Orbilia
Posted 2008-01-09 11:12 AM (#101726 - in reply to #101722)
Subject: RE: STAND UP AGAINST NON COMPE


One has to wonder what was really going on with the owner of the studio. Certainly, in the UK, it's the norm for fitness instructors, masseurs, yoga teachers, etc, to work in multiple locations unless they're actually the studio or gym owner. As such, I can understand being asked not to encourage students to leave the studio for another or for your own classes exclusively but the rest is overkill, particularly when you're being asked to take a single class rather than being a full-time employee.

Fee
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diyyogini
Posted 2008-01-09 5:35 PM (#101748 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


The business owner certainly has the right to ask teachers not to teach elsewhere (though it's totally unprofessional not to present these terms up front), but it's incredibly silly. Who can pay all of their bills based on one class or two?

However, what I do agree, is that the studios make it clear you cannot advertise your other classes while teaching there. It's not fair to the studio to say "oh by the way, catch me tomorrow down the street." Students will of course ask you where else you teach when they like you, and you can be very discrete by taking their email or phone and agreeing to send that info.
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Posted 2008-01-09 6:46 PM (#101755 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


i think that it makes sense to not advertise other classes in a studio setting, and studios can make their own rules about special events too.

one studio where i work lets me advertise anything that i do there--day retreats, weekend retreats, workshops. of course, i do all of my workshops there because it's such a great deal, but i can't do everything there because of the schedule, and they have no problem with me offering my other stuff to their students.

of course, i also udnerstand that some studios aren't or wouldn't be happy with this, and that's ok. i carry business cards so that if people ask me about stuff, they can go to my web site and look up everything that i'm doing.
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tmarques
Posted 2008-01-09 11:55 PM (#101762 - in reply to #101712)
Subject: RE: STAND UP AGAINST NON COMPETES!


mishoga - 2008-01-09 6:01 AM

They also stated (not in these words) that people who participated on forums and wrote blogs are shallow, have problems, etc......
I saw nothing of value in their comments except to let me know they are reading my words (which really is a compliment that they take time out of their schedule to read them).


People who participate in forums "have problems" but people who monitor their posts don't?
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Posted 2008-01-10 1:04 AM (#101765 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


Seems the "yoga world" is susceptible to the same influences, the same misguidings, the same Ego trips that other industries are prone to. All the more reason for some to stand up and represent Yoga in a light that reflects it rather than a shadow that blocks it.
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mishoga
Posted 2008-01-10 5:38 AM (#101768 - in reply to #101765)
Subject: RE: STAND UP AGAINST NON COMPE



Expert Yogi

Posts: 1738
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Location: right where I'm supposed to be
purnayoga - 2008-01-10 1:04 AM

Seems the "yoga world" is susceptible to the same influences, the same misguidings, the same Ego trips that other industries are prone to. All the more reason for some to stand up and represent Yoga in a light that reflects it rather than a shadow that blocks it.


Gordon, this is so true! I really believed in my heart that every single yogi is working hard to get past fear, insecurity, jealousy.......(some of these individuals should be working with their Koshas, especially the Manamaya Kosha) What a huge disappointment it was for me to find out the hard way that many haven't or aren't working past these negative influences.
Thank god I believe in my heart this is my path. I really thought I would walk (as did others) and felt such despair. This is why I remain a single entity.
The people who wanted to mentor me represented nothing that I want to be, not that I am judging them, I just have different views.
I have one mentor who I trust and he will forever remain my mitraH and spiritual leader. I don't need or want others. I've been with him through this journey and shall remain faithful.
In Rahini
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Posted 2008-01-10 10:34 AM (#101782 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


one of the things that i was taught and learned early is that yoga is a healing discipline, so it attracts people who want/need to be healed.

and, of course, it's practiced by humans.

therefore, of course it will have the same issues and concerns that other aspects of life encounter, and it's a valuable learning experience with the right perspective.

and beyond that, one must shine one's light one way or another.
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Posted 2008-01-10 12:22 PM (#101788 - in reply to #101782)
Subject: RE: STAND UP AGAINST NON COMPE


"...one must shine one's light one way or another."

Reminds me of George Harrison's "If you don't know where you're going, any road will take you there."

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Posted 2008-01-10 12:49 PM (#101789 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPE


good old george.
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larabear
Posted 2008-01-11 12:04 PM (#101840 - in reply to #101369)
Subject: RE: STAND UP AGAINST NON COMPETES!


Great quote Bruce!!!
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