I work at a bakery decorating cakes. I was informed that I no longer can make my own children their birthday cakes at home as a breech of a non-compete contract and that I must make them and pay the bakery for the cakes from now on. This seems odd to me, baking my family desserts at home is a part of our routine, I have always made my children their birthday cakes. I don't see how that is competing with the bakery, I'm not selling them, not am I using the bakery recipes or advertising them as anything. Is that a fair contract or should I renegotiate those terms? I'm afraid since the bakery offers many other items I'll eventually be told I can't bake my kids cupcakes, cookies, muffins ect.
That is something I would try to renegotiate, that seems really unfair since you're not selling( speaking purely from more of an emotional standpoint than a business one). What if you don't want a cake from that bakery, but from somewhere else? Are they then going to tell you that you can only buy cakes, cookies, etc from them? Making my kids their cakes is fun for me, and memories for them, I couldn't do it, but I don't know if I would have told them to begin with, so you're more honest than I lol
How long have you worked there? Was this information given to you before you accepted the job or is it something recent after having worked there more than a couple of weeks?
Any non-comp I have ever heard of has always refered to selling - not making family desserts. Definately try to renegotiate but don't be surprised if they don't back down.
That seems very odd. Like kakeldai said, a non-comp usually refers to selling products not things that you make for your family and consume in your own home. I would speak with your manager about this to get some clarification because, like you, I would be worried that they would then tell me that I am not allowed to make any baked good at home for my own families consumption.
And honestly, I would just make the cakes anyway. How would they know if I bake a cake at home?
This sounds ridiculous!!!! Making cakes for your loved ones at home when you are not selling them nor making their recipes in the privacy of your home is NONE OF THEIR BUSINESS!!!!! Who do they think they are?? I am pretty certain a lawyer would tell them the same thing!!! Too bad you don't have a lawyer in your family who could straighten them out.
I remember what it was like working for someone else. They would make it hard on you probably harassing you and giving you a hard time if you bucked them about this. But I am pretty sure they are wrong to do this to you!!!! I am sure people here who have their own bakeries would know what the laws are stating about this. It would be different if you were selling cakes from your home but that is not the case!!!
Hon, do you know for sure that this is part of the non-compete? Did you sign the non-compete? Something doesn't sound right. You're not a high-powered part of their corporate structure, are you? I don't believe they can plunge a greedy fist into your personal life and make such a demand. It's an overreach and a blatant grab for additional income.
If it's for real, it's totally obnoxious. I feel outraged (can you tell?) and this isn't even my problem. How much do you want to keep this job? I guarantee that more surprises will be coming down the pike.
In the meantime, for personal use, bake and decorate whatever you want in your home kitchen.
I haven't signed anything yet, I'm waiting for them to give me a paper draft of the contract, which I will take to a lawyer before signing anything. I'm the only decorator for the bakery, all the cakes are original designs by me. This came up when I was casually talking about planning one of my kids birthday cake and party. It's seemed way off base, so I wanted to see what other people thought as well.
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