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I work in a salon and I am renting a private room. I can…

Customer Question
I work in a...

I work in a salon and I am renting a private room. I can hear everything that is said on the salon floor. I have twice now heard the administrator talk about me. Calling me nappy head, saying I wasn’t raised correctly because I don’t call her ms. And saying I am scared of her that’s why I stay in my room all day.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas and I am an independent contractor

Lawyer's Assistant: Has anything been filed or reported?

She is not the owner

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The owner lives out ot town and they have a pre-existing relationship. She was her stylist and friend before the business opened

Submitted: 5 months ago.Category: Employment Law
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Customer reply replied 5 months ago
I would like to know if there’s any legal action I can take.
Also I singed a lease for one year and this is only the first month
Customer reply replied 5 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 5 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 1 hour by:
11/25/2017
Employment Lawyer: Marsha411JD, Lawyer replied 5 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,768
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for the information. Although I don't see where you have asked a legal question I will assume that you are asking what your recourse is in this situation. I also assume that you are saying that you and the other party are different races and that they are targeting you for this treatment due to your race.

If that is the case, then the law requires that before you can go further with filing a complaint to the Texas Civil Rights Commission or the EEOC, you must first exhaust your remedies with the owner of the business. In other words, they must be aware of the situation and not resolve it before you would have any legal claim.

That means that you will need to contact the owner and let them know that you are filing a complaint of racial workplace harassment. If they don't resolve the issue (in other words it doesn't stop) or you are subject to retaliation because of your complaint, then you can file a complaint with the agencies I mentioned.

This assumes that the salon has at least 15 employees. If it doesn't, then, unfortunately, the State and Federal discrimination laws related to employment (which also cover independent contractors) don't apply and your only recourse would be to leave the salon and find another more suitable and professional workplace.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question and also leave a positive rating in the ratings box on this page of my efforts to explain the law of your issue to you, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 5 months ago
Good morning and thanks for responding. The administrator is black as am I. The salon only has 9 employees. I would like to know if I could file in civil court against the administrator for slander
Customer reply replied 5 months ago
Also what method should I use to make the owner aware of the situation
Customer reply replied 5 months ago
Also what if I have proof of her slandering me in front of people
Employment Lawyer: Marsha411JD, Lawyer replied 5 months ago

Thank you for your reply. In order for there to be a case of slander, there must be a false statement of fact, that the person making it knows, or should know, was false at the time they made it. Defamation of character (slander/libel) does not cover opinions only facts. I don't know everything that was said and you really would need to speak to a local trial attorney who would be representing you and can interview all of the parties as to exactly what the evidence is, but I don't see a false statement of fact in what you shared. I do see a rude and discriminatory statement and also a tacky opinion, but not sure, without more that the statement about how you were raised is enough, in your local courts to get to the defamation level. Again, you should speak to a local trial attorney who tries cases locally and knows exactly what the courts think is defamatory.

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Customer reply replied 5 months ago
Ok
I will also I am going to write a letter to the owner and see what’s happens. Also one last question as I am in a lease agreement and the is a no defimation clause and I can prove she is stating these things can they sue me if I report them to the better business bureau? Also how there is a clause that states we can resolve the contract. However if this takes place I feel I shou Be reimbursed for my move in cost as my being harassed by the administrator is the reason for the resolve
Employment Lawyer: Marsha411JD, Lawyer replied 5 months ago

The letter is a good idea. That will help you in any further legal issues down the road. Just stick to the facts. As for your no defamation clause and a complaint to the BBB, or any other agency. True facts are not defamatory, as mentioned in my discussion of the elements of defamation. So, only false statements of fact can be considered defamatory. So, as long as you stick to what actually happened, you would be fine. If you filed a complaint with a Government agency, then defamation laws wouldn't apply anyway. But, the BBB is not Government so you would just stick to the facts.

You will want a local attorney to get involved if you think there is going to be an issue as to the terms of the contract, resolution, and who might be responsible for damages. If the attorney believes that she breached the contract, then the owner would be liable to damages related to the early termination. If they don't think you have a basis for a breach, then a court would not likely award you any damages.

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Employment Lawyer: Marsha411JD, Lawyer replied 5 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 25th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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