Renters
Can anyone provide me with a good website or information in regards being a booth renter? I'm having issues with my salon owner. She gave me a list of expectations and it states "All staff per our verbal agreement when hired must be here the hours you've chosen. Any time off or changes in hourse need to be addressed with the salon owner first. Please check the schedule to ensure we are fully covered by other staff when taking days off."
I have a problem with this! I pay her money she does not pay me! This is my first time renting and when I started renting it was my understanding I am in business for myself! If I am wrong can someone please set me straight, but I don't think I am wrong. I wrote another forum in regards to this and most everyone said I am my own business owner. I would just like to have proof in my hand when I address this salon owner.
Thank you!
Views: 199
Replies to This Discussion
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Permalink Reply by Relax & Rejuvenate on
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You are completely right! You are the business owner and legally she can not set your hours or make rules for you!
Wrong Answer! You can put all kinds of things in a lease/rental agreement. it is a contract between her business and your business and has nothing to do with labor or employment law.
A rental agreement has 100% right to state hours of operation for the lessee. For instance, our spa is in a local commercial center, and our lease states we will be open no less than 10 am - 5pm 6 days a week, Sunday optional. When we go on vacation, the spa has to remain open as per our lease.
We also have to abide by guidelines for our MANDATORY illuminated sign, contribute to a marketing fund to promote the commercial center in general, contribute to common area maintenance and cleaning (CAM charges) park only in designated areas, etc, etc. The list goes on and on...60+ pages. They even tried to include a clause that says we pay them 5% of the total proceeds if we ever sell our business -- not to mention if we do sell our business before the lease is up, we can only do so to an approved buyer (someone they think can pay the rent in the event the business fails due to change of ownership). All 100% legal!!!!!
By your reasoning, we should be suiting Federal Realty Trust for violating IRS regulations, as we are really their employees being told where to park, when to be open for business, etc.
The salon owner is perfectly within her rights to tell you when you have to be open for business. What she cannot do is make it verbal. But if I were a salon renting booths/chairs (I'd rather remove my own spleen with a rusty butter knife, but that is another story) I would include mandatory hours of operation in my lease. I would also include a sublet clause so that the booth/chair can be rented to an appropriately licensed person to ensure hours of operation are maintained, regardless of vacations and illness.
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Permalink Reply by Carrie Patrick on
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"Verbal agreement when hired" definitely sounds like this salon owner is treating the relationship as employee rather than contractor. If it's in a written rental contract, sure, it would be part of the terms of her lease. But I'm not getting the impression that is the case here.
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Permalink Reply by Juli Rose on
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No written contract! Just a list she gave me a month and a half after I started renting with expectations. Nothing that we discussed! I was under the impression I would make my own schedule. I will be there for clients when needed and I have no problems sitting there so people see me, but when I want a day off I want a day off NO QUESTIONS!
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She never gave me a lease agreement. I came into her salon letting her know I have no cliental and that I would only work on Saturdays. She insisted that I use her scheduling method..I wanted to schedule my own clients. Probably because she wants free help to answer her phones. This cannot work for me because I work a full time job and I am trying to start my own business and transition into this full time. Working 6 days a week constantly is going to kill me! I want the flexibility to block of my schedule to accommodate me! Not to spend my whole day without a client answering her phones. I get that it is best for people to see me and meet me, but I want to market myself how I see fit and not how she does.
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That's the whole reason why most of us booth rent-to be flexible and work they way we want. If she'd been upfront in the beginning with her expectations you wouldn't be dealing with this. If you have signed nothing-I'd be looking around.
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Permalink Reply by Natalie on
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Contact an attorney-they can give free advice over phone. If needed maybe $50-100 for a letter if they ( landlord) won't take your word.
I am sure they know- and just hope to get away with it. You need a written contract you both agree on. Maybe your state is different but NO WAY should you be covering for them and doing their work. May be time to start looking. Verbal is BS and if you want to stay then it will work out!
http://www.massagetherapy.com/articles/index.php/article_id/454/Ind...
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