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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1729
Experience:  Practicing Attorney with 10 years experience
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I am currently a commission based employee hair salon. I

Customer Question

I am currently a commission based employee for a hair salon. I have signed a non-compete agreement and took the position based on what the employer falsely told me before I signed. I was told the salon had a huge "walk in" clientele found out two weeks later when I addressed what I was told and the owner replied by saying oh yeah no we never get walk in, also then a co-worker informed me that the salon deducted a 10% service charge off my commission which was never mentioned nor is in the agreement I signed. I confronted the only and said I was never informed nor is it in writing or I would have never taken the position. So on my pay stubs there is not an itemized list of deductions and he said he does not have to include that..so he's profiting from my "service charge" and there is no records of that In his profit and loss statements every month. On top of it all we recently found out he stopped paying the rent for work space bc the building became bank owned and he said he didn't have to. Now their are bills being delivered by the new owner every week and the balance is now $17,000 and still has no intention on paying because he no longer is in a lease. A new lease was just delivered two weeks ago and has yet to address it. All while we continue to work and he still takes his commission and "product charge" from us but obviously is not covering the over head of the salon. My worry is I will have no place of work soon due to him getting evicted and him constantly avoiding the issue when we approach him. All at the same time I have a 3 year old who is disabled and my employer is very much aware all of
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Have you talked to a lawyer yet?
Customer: I have not.
JA: Anything else you think the lawyer should know?
Customer: Yes my boss is very aware I have a 3 year old who is disabled and my income solely goes to all her medical bills, therapies, etc. I have expressed how important it is for me to be informed on the status of my work space bc I'm worried one day I can come to work and not have one amd the monthly expenses I have to pay out of pocket for all her needs. I'm still left in the dust and am very worried. Would or could this qualify as a discrimination case for him knowing what my income goes to and almost intentionally or possibly putting me and my child in a position to not be able to continue her medical care because he is not paying rent and lying to us all well knowing this could horribly effect a disabilied child? Or does this not qualify for me to file a complaint for discrimination....I'm also an "at will" employee
JA: PayPal, Debitcard or credit card are all fine. OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 5 months ago.

I am very sorry to hear about your situation. I do not think you have a discrimination claim here but possibly a hostile work environment. However it is not worth filing a lawsuit just yet as you have not suffered any actual damages. A judge would say find another job if this is not stable enough. On the other hand any issues with your salary should be addressed with your state wage or labor commission.

Customer: replied 5 months ago.
Based on the situation and me being commission employee. My employer is supposed to be providing me with the materials, "housing", etc. for me to be able to preform my job as well as provide a proper work space to do so. Which isn't competly the case and I am made to provide my own tools, misc. supplies so I could do my job the correct way with my own money because atleast once a week the supplies i need to do the services on my clients are not there and I still get a surface charge taken out of my commission. Since I am in fact an employee and "at will" all things needed for me to do my job is supposed to be provided my the salon has his overhead and such responsibilities. Since that is not happening and not maintaining and up keeping the salon we have some water damage I am having to replace my styling tools often due to "faulty wiring" and am told it's not bad wiring it's "user error". Our salon floor has continually getting worse and staff and clients are slipping and he will not anything bc he doesn't not want to put money into the salon any longer for "improvements." My question is he has the business owner and my employer at breach in the contract that i had signed? And if so then does the contract not go in void and he could not come back to try and sue me if I left with my clients since he's not upholding his end as well as not providing a safe work place and violating OHSA regulations?
Expert:  Asad Rahman replied 5 months ago.

Yes you could make a strong case that he is breaching his obligations under the contract. If he did try to enforce a noncompete you would countersue him. This might force him to negotiate a settlement.

Expert:  Asad Rahman replied 5 months ago.

Let me know if you have additional questions otherwise a positive rating is appreciated