Is this business owner taking advantage of me?

I work out of a tanning salon and spa.  It was my first job after school and licensure.  I am starting to feel like I may have been taken advantage of due to ignorance because I am a newbie.  It is a 50/50 split commission.  I am required to provide all of my products and things.  They provide me with a room and machines.  When I filed taxes they gave me a 1099 MISC.  They take no taxes from my check.  They try to give me rules such as how my makeup and hair should look etc.  I have filled out no paperwork or an application with this company.  I do not have a key.  I am confused and need advice from someone that is a little more seasoned.

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Permalink Reply by Katrina Kulm on March 14, 2011 at 12:05am

Hi Amy, 

Are you an independent contractor renting the room or are you working for the place? Do you have built clientele yet? If you are independent then you should definitely be able to have a key and there should be some contract that you sign from them, even a small contract is important. As far as the rules on appearance, they can't really tell you how to dress unless you work for them. If you're unhappy with how you're being treated, it might be time to move on and look for another place you'd feel more comfortable. It's not easy to find a room that does percentage for rent but you just have to look and ask around.

Permalink Reply by Amy Jarrell on March 14, 2011 at 12:47am

That is why I feel confused.  They told me that I am self-employed as an independent contractor.  I have not signed any kind of paperwork.  I feel that if I am self-employed as an independent contractor that they cannot tell me what to wear, how to wear my hair or makeup, or even hours or days that I have to be there.  They even told us (there are massage therapists in my same boat) that we are beginning the busy tanning season and we need to help up front when we are not busy.  We are not getting paid to do this.  I only get paid by the customer.    I do have a small clientele, but nothing huge.  I live in Nashville, but this place is outside the city, in a smaller more rural area.  I feel that I am receiving mixed messages about my status at this place.  Thanks for your input!

Permalink Reply by Mary Turner on March 25, 2011 at 7:37pm
No wonder, they are playing both sides of the fence.....and avoiding paying taxes...You can't be both a sub contractor and an employee. I'm a spa owner, and my 1099's tell ME when they can work. Google this subject and you will find guidelines that should help.
Permalink Reply by Amy Jarrell on April 4, 2011 at 12:45am
Thank you Mary.  That is what I thought.  I am finding more and more things about this place.  They are paying the receptionist less than minimum wage and not taking taxes out of her check as well.  I think this place is in no way on the up and up.  I have to find another place ASAP!

Mary Turner said:
No wonder, they are playing both sides of the fence.....and avoiding paying taxes...You can't be both a sub contractor and an employee. I'm a spa owner, and my 1099's tell ME when they can work. Google this subject and you will find guidelines that should help.
Permalink Reply by Shelley Hancock on April 4, 2011 at 7:41am
I'd like to dido Mary! They want their cake and eat it too, so to speak!! Sounds like it's time to find more reputable people to work with. Stay positive and the right situation will appear!!
Permalink Reply by Amy Jarrell on April 5, 2011 at 2:46am
I am pretty upset that I let myself get in this situation, but you live and learn I suppose.
Permalink Reply by Jodi on April 5, 2011 at 7:30am
Don't be upset Amy.  I went to work for someone I thought was a friend, I was a longtime client of hers, right after I got my license, and it was a nightmare!  She wouldn't buy all the products or equip I needed, I had to buy some of my own, but I was an employee of hers.  She told me what to wear, when I had to be there (unpaid) if I didn't have clients, and even made me take the laundry from when I did have clients home to wash, as she wouldn't let me use the salon washer/dryer if I didn't have full load, which I never did!  I got out of that situation, and haven't been back as a client either.  It just shocked me how some salon owners treat the people who make the money for them. 
Permalink Reply by Amy Jarrell on April 5, 2011 at 1:42pm
That makes me feel a little better that others have been in a similar situation.  I am sorry that happened to you as well.  This lady told me that I had to supply everything, but waxing supplies.  I spent nearly $1000 to buy all my products.  When I ran out of pre-wax solution, she threw a fit that she had to buy it cause it was sooooo expensive.  $12. She also asked if I could use popsicle sticks to wax. I was so upset.  She also threw a fit cause I asked to have a Saturday off for an event and I had no appointments.  She asks me to be there when I do not have appointments unpaid too.  She makes the massage therapists do their own laundry too, and buy the laundry detergent which they use to wash the towels for the tanning bed!!  I could go on and on.  In the winter they would turn the heat off overnight.  We would arrive and it would be 37 degrees in there.

Jodi Deverter said:
Don't be upset Amy.  I went to work for someone I thought was a friend, I was a longtime client of hers, right after I got my license, and it was a nightmare!  She wouldn't buy all the products or equip I needed, I had to buy some of my own, but I was an employee of hers.  She told me what to wear, when I had to be there (unpaid) if I didn't have clients, and even made me take the laundry from when I did have clients home to wash, as she wouldn't let me use the salon washer/dryer if I didn't have full load, which I never did!  I got out of that situation, and haven't been back as a client either.  It just shocked me how some salon owners treat the people who make the money for them. 
Permalink Reply by Nondy Llewellyn on April 5, 2011 at 3:40pm

Amy, you already know what you have to do.  Keep your eyes open and your ear to the ground (while checking Craig's List in your area) for a better place to practice. 

Since you are an IC, you don't ASK for time off, you TELL her when you are available to work.  I am an IC, make 50% and all my products, linens and supplies (except for my pet favorites!), reception staff, room, bed, machines are provided.  They do TONS of advertising for me and the massage therapist, never hassle me when I want a day off.  I just tell the assistant what days I will be gone, and they take care of everything else.  If you're getting the picture that I am VERY happy in my current working environment, you would be correct!  You may not find everything you are looking for, but you MUST be able to do better that your current situation!!!  Best of luck (and by the way a lot of luck comes from good old fashioned pounding the pavement!),

 

Nondy

Permalink Reply by Mary Turner on April 5, 2011 at 5:04pm
Geez, Nondy ! Can I come work with you ? My boss is a slave driver !! ;)
Permalink Reply by Nondy Llewellyn on April 5, 2011 at 6:29pm

But she's a BEAUTIFUL slave driver!  (Psssst!  For those who don't know, Mary is her OWN boss!)...

 

--N--

 

 

Permalink Reply by Mary Turner on April 5, 2011 at 7:37pm
***SMILE**** thanks (but I still would like to work with you !!) LOL

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