Boss withholding my pay

[Anonymous]

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.

[Anonymous]

Call wage and hour at the department of employment services.

[Anonymous]

Anonymous wrote:Call wage and hour at the department of employment services.

http://www.doli.virginia.gov/laborlaw/laborlaw_forms_p1.html

Are you an INDEPENDENT CONTRACTOR or a 1099 Employee rather than a direct employee? Whether you are legally an independent contractor is not determined by any documents that may have been signed, but by standards promulgated by the IRS. This Department has the authority to assist only employees; we do not have jurisdiction over independent contractors. You may wish to consult a private attorney to discuss your claim.

Thanks for the suggestion. She hired me as a 1099, but she treats us like employees so if she wants to take this to the IRS we can go there.

[Anonymous]

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?

[Anonymous]

No. Beauty salon.

[Anonymous]

What? A non-compete for a salon? Get real!!!!

Tell her you are consulting your lawyer too! What a b***.

[Anonymous]

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

[Anonymous]

You'd be surprised how many people working in salons have to sign non-competes. They basically don't want you to steal clients or set up shop near them for 1-2 years after you leave. And they often think their techniques are so unique that they need to be protected. I know this owner is in a legal battle right now with a former "employee" who "stole" clients. Client's are possessions. They have free will. I haven't solicited clients and I haven't set up shop anywhere near her. I just want to get paid for the work I did. I want my tips. Remember, when you charge tips, the employee might never see that money.

[Anonymous]

Gah. Clients aren't possessions.

[Anonymous]

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?!

[Anonymous]

Op here. This is a beauty salon. Nothing to do with dogs.

[Anonymous]

It is very hard to enforce non-competes in Virginia. https://www.erlichlawoffice.com/virginia-law-on-non-compete-clauses.html

[Anonymous]

Oops, this was the link I meant to include https://www.berliklaw.com/non-compete-agreements.html

[Anonymous]

Op again. I declined to sign the non-compete as presented and now she's refusing to pay me my commission or give me my tips for services provided before she gave me the non-compete to sign.

[Anonymous]

Talk to a lawyer. Some will give you a free consultation