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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5732
Experience:  Exclusively practice labor and employment law.
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Stylist was allowed to work at salon by oral contract with

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Stylist was allowed to work at salon by oral contract with no booth rent and 100% commission, as a gesture to boost her clientele. This generous arrangement was agreed apon by salon owner and stylist. After some time it was found that the stylist was not competent and was making serious mistakes on numerous client's hair that needed to be redone by the salon owner. Having discovered that the stylist had lost numerous related jobs in the recent past, the salon owner persevered and tried to mentor and train the stylist due to this hardship. However, after multiple talks with the stylist to try and improve both client/stylist relations and quality of work, it appeared to be a hopeless case. Unfortunately, the salon owner had to ask the stylist to leave. In turn, the stylist, coached and pressured by her father, demanded minimum wage payments and pay stubs for all of the hours worked since starting at the salon. Since there was only a verbal agreement between the salon owner and stylist, and no particular hourly workweek time requirement was ever imposed, no such pay stubs existed. The stylist was given all of the money received, plus tips. Now, after bending over backwards to try and help this stylist succeed, she, again under the "advice" of her father, has filed suit against the Salon owner with multiple counts from non-payment of wages to mental distress, and even alleging that she was asked to leave not because of her unacceptable work, but because she asked for the pay stubs etc.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: Has anything been filed or reported?
Customer: Yes. I have been served papers
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do I have rights too?

What were the exact terms of the commission agreement? Was she using the salon's equipment? Did you pay her anything?

Customer: replied 5 months ago.
Dear *****,Thank you for your response. The commission agreement was 100%. There was no written contract because she wanted to booth rent. Between November and the end of December, I gave her $2,300.00 for all of her work. She also kept all of her tips. I never charged her for redo's. I didn't actually put her on payroll until mid January and I only paid her one paycheck before I had to ask her to leave. When she first came to be interviewed, I told her I didn't have the funds to pay her an hourly wage. She loved the idea of booth renting and said it was fine.I allowed her to use all of my equipment and products. She also cost me a lot of extra due to having to redo services. She caused me a lot of stress. She came and left when she wanted. I only asked her to help another employee because my client complained about her sitting on the couch. After I let her go, her father threatened me. I had to ask the police to please come to the salon when she was asked to gather her belongings. Her father called my pastor, and threatened to sue me if I didn't allow him to buy out my salon.

Most stylists are independent contractors. That is to say - they rent a chair, keep a portion of the charges, make their own hours in large part, have their own equipment. In a scenario like that - they are no employees and not owed a wage so to speak. They are owed whatever their contract dictates. So, for her to make the claim that she's owed a wage or minimum wage is not correct because she's not an employee. You could counter-sue her for breach of contract for having to fix her work and demand back the $2,300 you paid her. Her emotional distress claim isn't going anywhere...this isn't the type of case where that is even arguably awarded. And, you shouldn't pursue an emotional distress clai either. Of course this all costs you money to pursue. But if you just want her to go away, consider paying her some small amount for a full releas and settlement of the matter.

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