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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118189
Experience:  20+ Years of Employment Law Experience
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Can a asked demonstration before I employ an

Customer Question

Can a asked for a facial demonstration before I employ an esthetician?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can actually ask them to perform any service that they would have to perform while working for you to demonstrate their ability to perform and their skill level. There is no law in FL to prevent an employer from making a prospective employee demonstrate their proficiency and skill and ability to perform the duties of the job you will be hiring them for if you are an employer.
A customer can only ask for references or photographs of their work, but not a demonstration, that is for an employer to validate the employee's skill and ability, as the employer is liable for any negligence of their employee (which is why an employer can demand proof of skill with a practical demonstration).
Customer: replied 2 years ago.
What about if i tell them that compensation is determine after a facial is performed and after we discuss the confidentiality agreement and payment structure?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Under FL law, that is completely legal and it is between you and the prospective employee.