This was from a Facebook article that I joined in and here is the problem.
My name is Joe and I am trying to get some advice for my wife who is way too nice. So a quick run down on the events.
My wife has worked at a spa for approximately 3-4 years before quitting for another spa. She was paid commissions of 50% and also had a $20 a month so call “booth rental”. She files a 1099 and pays all her own taxes. She was always asked to make trips to get products and called in for meetings but never compensated for her time. All products were supplied by the spa.
So upon my wife advising the owner that she was quitting because lack of steady business and comments regarding closing the hair side of the spa down, my wife was advised that she is not to contact any clients and that if she did so, she would take legal action. Please note that there was no contract of any kind signed. So my wife sent out a text and card to all of the clients that she has worked on just saying she had relocated and if they would like to schedule an appointment to please contact her. Apparently one of the clients brought in the card to the old owner and my wife was sent another text saying this is her last warning.
The very next day, one of my wife’s friends/clients that she has been doing for a long time called her to make an appointment and advised that she had received an email from the old salon stating that My wife was no longer employed at the salon and that she is offering all clients a 50% discount off of hair and free partial facial.
I personally feel that this is a low blow seeing how my wife did not stoop to that level and only sent out a card saying she had relocated. Is there anything that can be done to my wife for sending the cards or any advice you can give on how we should respond to the owners threats?
I appreciate everyone’s time and look forward to your responses.
The concerned husband,
These are some of the comments contributed by fellow professionals.
“The salon and your wife don’t own clients they get to decide for themselves. The old owner is all bark no bite”
“She should count her losses and move on. The clients who are loyal will follow her. It’s useless to fight with unreasonable people and it sounds as though her former employer is clueless. She’s not under a contract so your wife can contact whomever she pleases, the consumer will make a choice.”
“There was nothing written in contract, and actually, the employer can get in deep trouble for charging rent AND being considered having an employee. You can’t be both. It’s too gray- she was not paying your wife’s employment tax, yet treating her like an employee. Legally, your wife would have been responsible for everything, supplies etc. she charged her rent to get past paying her employees taxes/minimum wage. Of course the owner wanted to try to retain the clients but since there was no non compete….. id tell your wife to tell her former salon that if she doesn’t stop harassing her, she will report them for unfair labor practices.”
“All you need to do is tell the old salon owner that you will be filing an SS-8 with the IRS to determine if your wife was in fact an commissions or a booth renter and if it’s found that your wife was an employee, then the salon owner will be responsible for back taxes AND will most likely be fined by the IRS for tax’s. You may share this website for verification to the salon owner so she doesn’t think you aren’t meaning business. Whether you actually do it or not is up to you. It appear as if your wife has been classified and you probably should file. You won’t need a lawyer if you get the IRS involved. You can also file with your state’s labor relations board. They aren’t quite as effective as the IRS, though. This is serious business with the IRS. They do not like to be fooled by the tax payers! As someone who has had to deal with them over an unemployment insurance issue, trust me…they have no mercy! (I’m all legit now! I pleaded no knowledge and they let me get away with it once! I had to pay a pretty stiff fine, though!) Don’t be afraid to let the salon owner know that you aren’t afraid to call the IRS. Quite honestly, your wife should not have had to pay taxes all these years.”
This is the Beauty/Cosmetic Industry. If no contracts were signed she has every right to contact the client. Also the owner has every right also. If the harassment continues from the owner such as the emails stated. Please acquire a cease and desist order against her. And then enjoy your lives. These tactics from the owner are ol school tactics of intimidation. But the owner has every right also just like the employee to keep the business. Since she provide the clients to your loved one. Two way street, this is beauty business and this is how it goes. Its like a whores business, Pimp and Prostitute. It will never change. sir. Primitive industry. Good days, really? It is a lovely craft, but after making 2 documentary’s of the industry. Nothing has changed. Its a free for all. Yes the only way of changing the industry is being a mentor and a role model. Many good MEN and WOMEN are used in this industry. You are really seeing the corporate slavery now. It is hard for all the youngsters coming out to make a living. On the payroll percentages corporations and independent owners are paying. So many professionals I see are taken advantage of. All for GREED, Disgusting. I don’t see this profession as a viable form of income. Anymore. Unless you are with a Union or the Film/Entertainment Industry. But I love the craft you can always keep learning. I like craft more now since I do makeup and photography and films. You can really learn a lot combining the three crafts. I now just concentrate on the craft. I no longer friend people in the industry. I have found out anyone can be anyone on the internet. So I surround myself with like minded people and stay away from the so called “Stars”. Internet stars that is! lololol