No wages and "stolen" clients

[Bri84]

hi geeks, I am in a dilemma! I left the salon where I worked to go mobile for myself. I worked there self employed on a 50/50 basis, but my boss was getting me to do mobile hairdressing for the salon and still give her half, and I was hardly ever in the salon, and I was not making enough money so i decided to make a go of it on my own. My boss was ok about it at first but wen she realised most of my clients were coming with me she hit the roof, and told me never to go in her salon again (I was rerally hurt as id worked there for 9 years) . I didnt steal the clients on purpose, i told them of my intentions and gave them the choice. Was this wrong? The main point of this thread (im waffling on) is my boss said she would post my wages to me and that was about 3 weeks ago and i havent got them. I think that if i ask her she will say somthing along the lines of ive lost her money from taking the clients so shes keeping my wages. I dont no wot to do, as although it wasnt much money, i am a bit skint at the mo and could do with the money.:irked:

 

[angelina221]

Clients will go with a hairdresser they can trust. If the clients have decided to follow you then there's not much she can do. Did you have a contract and if so did it stipulate what would happen if you left and took clients with you? As for withholding your pay she is not allowed to do this. I would write a letter saying you want your commission paid within 7 days and if not then you will take it further. It doesn't matter that it's not much money, it's YOUR money and she should cough up. Check your contract.

 

[collin]

Assuming you have conducted yourself appropriately it would seem that the salon owner will owe you any outstanding wages due to you...no matter if you are directly employed or on a profit share scheme.

I would probably call her up and request payment in full ...do it nicely but inform her that unless this matter can be resolved within 7 days you will have no alternative other than to make a claim through the small claims courts...if she only owes you a small amount she may well simply pay you to avoid the hassle of court action.

HTH :hug:

 

[MissLou]

Yeah i totally agree with that, she has to pay you what your owed, contract or no contract, you worked the hours so you get the money. Did you used to get paid weekly or monthly?she may be holding back untill the end of th month for pay day and do all of the staff and ex staff together and send it out to you...i had a simalar thing when i left my last salon to go mobile, so much hassle i didnt get my p45 or anything, i had to keep on, i waited about a month for my wages, and also, i found that when i put my books in for the first year the accountant had to call him up for my p45 and she told me that he had filld evrything in completly wrong so just as a warning get that sorted to, check EVERYTHING. They cant be trusted.

And as for "stolen client" dont worry, you didnt steal them, you just let them know what you were doing an they followed you there i nothing wrong with that.

Good Luck with you mobile work
Lauraxxx

 

[blutopaz]

definately need to get that money, u earned it, so she owes it. like already said a mention of further action should get the ball rolling, then u can start afresh!

for ur clients situation, u are self employed so technically they are ur clients. like already said. if you have told them where u will be and they chose to follow u, thats up to them hth's

 

[minky]

Hi, This is what I would have to do but I certainly wouldnt be doing it to cause any trouble or anything , and only if I thought it was an amount that was worth it ,
but it all depends on if you feel you could cope with it all or not :cry:

She is counting on you not going into her salon again ,
and she knows she owes you your wages , :irked:
so she thinks she that you wouldnt dare set foot in her in the salon again,

So while she is not expecting you to visit her because she told you so ,
this is now suiting her well so as not to pay you ,

perhaps you should very nicley and very sweetly pay her a
swift and airy visit straight to her salon when you know she will be there with others too ,

Perhaps a friend can wait outside for you in a car ?
but do not get them involved in any way .

Just stand in the salon where customers stand , at the desk maybe ?
and ask her in a very nice calm manner for your wages please ?
give her a copy of Exactly what she owes you ,
(dont worry about people listening as you are going to be very nice at all times)

(also dont go anywhere else on your own with her.)
and do stay nice ,

She wont like this at all , as she will not want any fuss made in front of people ,

this alone may make her cough up and pay you what she owes you ,

but if she doesnt have the wages on that day
make the visit very short and sweet
then very calmly walk away ,
dont slam the door
do not discuss things any further
and do not go back to the salon on her terms ,

then wait and see what happens , I am sure she will try and
get them to you one way or another pretty soon
as she wouldnt want you going back in the salon ,

as long as this is done professionally and without any nastiness
then you should get your wages soon as she wont want you visiting the salon again :hug:

Ps , if she turns nasty ,
don't be nasty back
just walk away smile sweetly and leave her guessing ,

Then go to the citizens advice and explain to them how nice you have been about asking her and you have given her a chance to pay you
never caused any fuss ect ect ....
or proceed to the small claims court :hug: ?

if you dont feel up to it
and if you feel there could be trouble
then leave it be and go to the citizens advice or small claims instead :hug:

Ps if it is just a small amount then I wouldnt bother at all ,

I hope your feeling better soon as it makes you feel sick to the stomach doesnt it ?
I think most of us hairdressers come across people like this sometimes ,
you cannot please them all ,
but she certainly got her moneys worth from you
so dont feel bad :hug:

 

[liana kay]

Did you sign a contract when you started work? Some say that you cant give out personal information and work within 2 miles of the salon- but they are not worth the paper they r written on go to the citzens advice bureux or phone them they are very good and its free

 

[smartbookings]

Yeah don't let it go, you earned the money so you go get it!

 

[YSL]

Firstly check your contract- if you are mobile and self employed I doubt you have one. If you do have one (and you are technically employed) then it is illegal for her to withold your wages. If you are self-employed then she you have a principal/agent relationship with her and the other posters are absolutely right- you can bring a small claims action against her. The CAB are very good with this but your local County Court will also help- I am happy to help draft a claim free of charge if thats easier.

As to the question of stolen clients I would forget it. It sounds like a bit of sour grapes to me and if her salon was a more attractive proposition then maybe she would be better protected. Never a truer word was said then by angelina221 in that clients are very careful about their choices and (often) very loyal.

Liana Kay makes a good point on restrictive covenants (i.e. not poaching). IF you were employed (which we are assuming you weren't) then a court would look dimly on any restriction that is too prohibitive.

Best of luck!

 

[Bri84]

thankyou all so much for your advice, it has been very helpful. In response to your question, no i didnt have a contract. So, if she doesnt pay up, how to i go about makin a claim, and will i have to get a solicitor and will this cost me alot?:irked:

 

[minky]

YSL;898248]


I am happy to help draft a claim free of charge if thats easier.

Hi the man above said he would help you ,
I would send him a pm asap as he seems to know what he is talking about, as he is a solicitor ,
:hug: good luck let us know what happens

 

[YSL]

happy to help but you dont need a solicitor to bring a claim- as I mentioned the CAB or County Court will be able to help you too

 

[VHunter]

I agree with Minky 100%

That method works in other situations too (ex: stores that don't want to honour their warrantees for electronics or whatever... go when it's full... speak in a loud, clear and polite voice so everyone knows what's going on....).

It puts her on the spot.

Being saccharine sweet goes a long way to shaming someone into doing what they should be rightly doing in the first place.
It can be difficult if you're shy and not wanting a confrontation... but she's less likely to be difficult with clients about.

Keep us posted.