Boss withholding my pay

[Anonymous]

Anonymous wrote:OP here. She sure did open a can of worms with me. I found out she doesn't have a salon license. She's been operating illegally for 3 years! I never would have looked any of this up if she had just paid me.

Give her a call and spell all of this out. I bet you get your money real fast.

[Anonymous]

Anonymous wrote:OP here. She sure did open a can of worms with me. I found out she doesn't have a salon license. She's been operating illegally for 3 years! I never would have looked any of this up if she had just paid me.

Sounds like your case just got stronger!!

[Anonymous]

Anonymous wrote: Honestly I would just chalk it up to a lesson learned and forget about it because it will cost you more to try and fight it then you'll get ever get back. I'm assuming it's only a few hundred dollars, right?

She can make it part of her suit that her court costs must be paid by this person if they are found guilty.

That's very common and almost always enforced by the judge.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Non-competes can't be enforced it VA. They are mainly used to scare employees.

Only time I've seen one actually enforced in VA was when the person who left was a software developer and went to a competitor.

Well written ones, with reasonable time and geographic restrictions, absolutely are enforceable in Virginia. I'd protest more, but your second sentence agrees with me.

I probably should have said most non-competes can't be enforced in VA as they are written too broad. As you stated, well written, as was the case I stated above, can be enforced in VA. Interestingly enough, that same company that won with the software developer lost a few years later with a general admin person. Exact same non-compete was used, but the focus on their role and knowledge of the inner company workings was heavily argued to be little to non-existent.

[Anonymous]

OP here. How do I search public records to find other lawsuits this business owner may have filed? Since I never got paid, I missing a lot of information to report her to the IRS.

[Anonymous]

probably should have said most non-competes can't be enforced in VA as they are written too broad. As you stated, well written, as was the case I stated above, can be enforced in VA. Interestingly enough, that same company that won with the software developer lost a few years later with a general admin person. Exact same non-compete was used, but the focus on their role and knowledge of the inner company workings was heavily argued to be little to non-existent.

I think its going to be hard to enforce a non compete on an employer claiming her employees as contractors/1099s. Not to mention she's running the salon illegally!

[Anonymous]

OP, why dont you write her a letter spelling out what she owes you and telling her that you will be reporting her to the licensing board and the IRS?

[Anonymous]

I drafted a letter and ran it by an attorney I know, but who doesn't specialize in employment. I basically said I have recreated my calendar with dates, services I provided, how much I charged and tips I got while working for her at our agreed rate. I said I would be happy to make any modifications if she can provide documentation and said I expect $ by this date and if not I she can expect me to follow up with a bunch of agencies where I believe she is in violation including the IRS. The attorney suggested I give her one more chance to respond to me so I asked if she had a chance to talk to her lawyer because it would be great to put this behind us. No response. I'll be sending my letter via certified mail tomorrow.

[Anonymous]

OP if I were her, I would just give you the $1,000 she owes you.

You sound like a very smart woman and one who isn't to be messed with.

You have enough dirt on her to get her out of business for sure.

I cannot wait to see how this ends.

I bet she will just give you the monies owed to you!

[Anonymous]

Anonymous wrote:I drafted a letter and ran it by an attorney I know, but who doesn't specialize in employment. I basically said I have recreated my calendar with dates, services I provided, how much I charged and tips I got while working for her at our agreed rate. I said I would be happy to make any modifications if she can provide documentation and said I expect $ by this date and if not I she can expect me to follow up with a bunch of agencies where I believe she is in violation including the IRS. The attorney suggested I give her one more chance to respond to me so I asked if she had a chance to talk to her lawyer because it would be great to put this behind us. No response. I'll be sending my letter via certified mail tomorrow.

This sounds like blackmail or something.

[Anonymous]

Anonymous wrote:pp above! How is a non-compete even enforceable? It's a joke. I'll follow my stylist to whatever salon she goes to.

Its real. They can sue you.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I was working in a salon and the owner told me I'd need to sign a non-compete. I said OK, but she didn't actually give the non-compete until I had been there 2 weeks. When I saw it I asked if we could modify it and she said no. Then she immediately moved all my clients to other staff and changed my password so I couldn't access my appointment calendar or commission log. I kept a paper copy so that's not a big deal. It has been almost 2 weeks since she kicked me out and I haven't been paid yet. I texted her today to ask when I can expect my check and she's telling me she needs to talk to her lawyer first! I don't understand why she needs to do that. I did the work. She owes me my commission and my tips. In Virginia how long does she have to give me my final paycheck? I wasn't there long enough so I have no idea what the normal pay cycle was like or when anyone got paid.

Were you working at the pet salon on Lee Hwy?

This is where I take my dog. What's the deal?!

See yelp and the underground for gory details.

[Anonymous]

Resolved. More or less. I got a check for 75% of what she owes me today. She noted on the memo line that it was for training instead of services provided.

[Anonymous]

Anonymous wrote:Resolved. More or less. I got a check for 75% of what she owes me today. She noted on the memo line that it was for training instead of services provided.

Good job, OP! I would still follow up about her license. That's just wrong of her.

[Anonymous]

She's suing another former employee. I'll give her the information I found and hopefully the crazy woman will settle. And I'll share this website with the current employees.

https://www.thisuglybeautybusiness.com/2014/03/common-misconceptions-laws-that-most-salon-owners-are-unaware-of-or-like-to-pretend-they-arent-aware-of.html