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Hi all, as a preface I am located in oregon.
So I am an esthetician that specializes in hair removal services such as waxing and sugaring. I am currently working at a wax studio that required me to sign a non compete and in this non compete there was a non solicitation clause stating I cannot ask any clients to follow me if I pursue other endeavors. would it be considered solicitation if I simply told my clients (in person) I was leaving my current job effective (insert date) to start my own business so they may not see me the next time they come in for services. Then they ask me for my information so they can follow me. I am not asking nor telling them to following me but they are wanting to do so of their own accord after I inform them I will be leaving.
Other estheticians have left and clients have followed in a similar manor and my employer didn't take any legal action but I am worried considering me and one other esthetician are the bread winners at this company and she plans on leaving around the same time I do to start her own business. So I know they will be taking a huge financial hit once we are both gone. I don't think they will have the funds to sue us as the owner started a new business in another state performing the same services and the owners husband recently told me that the new business is just now being able to operate without the financial support of the business I work at currently.
I am just trying to start my business with my current clientele who I have obtained through my own service quality, customer service and work ethic. They come to said business for me and my work not the business I work at. I'm also wanting to do so legally and without possibility of a lawsuit and legal fees. any and all advice is much appreciated and if i need to clarify any details I will do so. Thank you in advance to all who offer advice:)
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