contract advice please

[nikki.r]

After my salon being open for 6 months I am about to hand over a contract to my nail tech. This hasn't been done before now as she is an old friend (mistake 1) and I thought we had a mutual understanding (mistake 2).
She is basically self employed ie. i pay her cash for what she has done and she sorts her tax etc out. But, i presumed this meant she would be in the salon during opening times and generally work for me between those hours, wrong!
We seem to be coming from 2 different places, her idea of how she should carry on is not what i deem suitable. If she hasnt got any clients for a few hours she disapears to town or a friends and waltzes back in when she feels. I have asked her to not do certain things and she just laughs it off as if i am being picky. She talks about subjects with her clients that i dont think are fiting in a proff salon, while being overheard by other clients, and when i have spoken to her she just tells me that she cant change who she is like it or lump it............so i am lumping it!!
I know all of the above makes me sound a bit of a pushover, but in everyday life i am far from that, the control just seems to have run away from me.
I am going to quote her hours of employment, uniform requirements, pay structure, and a list of salon rules (and i mean everything) I am also going to state that clients belong to the salon and not to the tech, as she has a habit of ignoring the fact I am free on the days her client has asked for, and squishing them in much later on in the week just so she can do them, which is not the best service for the client ( am i right to do this or should the tech own the client? whatcha think?)
I would love to hear what you have in your contracts or what you have put in your techs contracts, or basically anything you think i should include or leave out. I will give it her monday and let her read through it and let you know the outcome.
Sorry this thread is so long winded and thanks in advance for any help you give xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

[dee]

i dont mean to sound horrid , but i think if you are having probs now , it will only get worse(sorry!!) i am a big believer in friends and business dont mix, and especially if her attitude is the like it or lump it type !! , not very good for you is it ? i dont wanna put a downer on you but i personally would find someone who will appreciate working in a proffesional environment, and behave accordingly , coz at the end of the day it does reflect on you
(omg , you will probably think i am a right cow now )

 

[nikki.r]

not at all, you have reinforced what i suppose deep down i already know. this contract will list a lot of things she really wont like, and basically give me the amunition to show she is not right for my salon.

 

[Hollyballoo]

I do agree with Dee here - it is so hard to mix business with friends sometimes and it does sound like she takes full advantage. The fact she has already admitted she can't change is pretty telling, and I doubt that a contract will change that. Maybe she'd last a short while and behave in the way you want, but I think sooner or later you will be back in the same situation.

I think if you hand her a contract now, and bind yourself you may find it just as difficult, if not harder (emotionally) to take action because she is a friend later down the line.

Why not try having an "official" meeting for example and tell her that, although you are not happy with some aspects, you would be prepared to offer her a contract (which secures her position), but in order for you to do that, she has to observe certain rules and requirements which you can detail both verbally and written and tell her that you will treat it as a "trial" run and see where it goes. You could say that, if she can observe all of those requirements, then you will be more comfortable with making her an official member of staff because at the current time you do have reservations and have to make the best decisions for your business rather than what is best for your friendship? I think that once you have put your mind to giving her a trial run and it still proves to be hopeless, you will feel stronger about whether she is right for your salon and the rest of your staff who you also have to consider in this (if you do have others).

I really hope you can iron it all out because, as Dee says, it is so difficult mixing friends and business - I don't envy you at all and I know it will be hard whatever you do, but I do wish you lots of luck with it!

 

[Little Angel]

Hi


Contracts are a minefield, they have to be witnessed too. One of the articles i read recently was about a salon being taken to court by a member of staff as they took money she owed the salon out of her wages with out her permission, the salon lost the case and had to pay compensation which was really unfair but thats the law. An example which i have in my girls contracts is

1) you will agree to any monies owed to the salon being taken directly from your final paycheck.

amongest others also a radius clause (to protect you form her opening a salon up within say 1 mile)

2) you will agree not to work as a ...................... with in 1 mile of ..............salon for a period of ............... etc

As for clients did she bring them with her? or have they come to her since opening the salon?
The clients she brought with her i would class as hers however any clients that have come to her through the salon eg : salon advertising, walking past etc i would class as salon clients. If they are salon clients and you have in her contracts that "you will not attempt to contact or lure away the clientele of ........ "

I think your in a very difficult situation and you have to be very careful legally so as not to discriminate against her. Do you have other employees? If you do then they will have to have a contract too. I ususally state when i take a member of staff on that it is for a trial period of say 3 months then we will review it after that, you can extend trial periods and if you want to give a contract at that time add it as a clause.

HTH and i havnt confused you.

 

[nikki.r]

Hi



As for clients did she bring them with her? or have they come to her since opening the salon?
The clients she brought with her i would class as hers however any clients that have come to her through the salon eg : salon advertising, walking past etc i would class as salon clients. If they are salon clients and you have in her contracts that "you will not attempt to contact or lure away the clientele of ........ "

None of the clients are hers, they have all come from the salon opening. I see i will have to carefully think about what i put in this contract!! She is the sort of girl that also cleans part time and works in a bar, she also treats the salon as just a part time job as well, instead of a career, so i genuienly think that after reading the contract she will tell me exactly what she thinks about certain things and we will have it out there and then. I can see me offering her a 4 week chance to adhere to my changes and then sign an official contract, or letting her go. She is very headstrong and always speaks her mind so as soon as she reads it I will know what path she is going to take.

 

[clairep10]

i am self employed with my current job (not nail tech) but we have a contract that has to be adhered to, If you give this girl 4 wks to improve or leave be careful she has 4wks to tell clients to go to her and bad mouth you, see how you can get her out sooner, you have to pay her depending on how her current arrangment is.
C*