Are You Under Contract?
It is still not the norm for employers to have employment contracts with their massage therapists…unfortunately. We have previously been a more lax profession and our personalities, by nature, are trusting and friendly. However, as our industry has become more professional and our business training more savvy, we are starting to understand how important a working contract is. A handshake won’t do the trick anymore; every massage therapist should have a contract, either as an independent contractor or employee.Â
I wish I could tell you that this is preventive in nature and for the most part it is. But as a business teacher and coach, I hear too many stories that prove how important this concept is. Just today I was inspired to write this article because a former student called with his “nightmare story”. It seems that an entire staff of massage therapists were fired because they wrote a letter of complaint about a recent promotional venue at the spa they were employed at. The spa offered a 50% discount and the cut came strictly from the therapists pay. When the therapists wrote a letter and complained, a meeting was called. That same day, the therapists (and I think there were 10) were fired and told to vacate the premises immediately. My former student called me to discuss if this was legal. Of course, I asked if there was a contract.
There are many other topics I would suggest be in an employment contract. The top 5 on the list are:
- Terms and Termination (including disputes)
- Fees and Terms of Payment (including promotions)
- Services to be Provided (including non-massage related activities)
- Expense Reimbursement/ Benefits
- Obligations of Both Parties/ Supplies
This is not an exhaustive list but it is a start. I strongly suggest you get your hands on “Business of Massage” by AMTA and use it as a resource. It is an excellent book that you will use for years to come. As ambassadors for the field, we must encourage employers to have working contracts. If they don’t, suggest it. Be proactive. Draw one up yourself. If they don’t like it or won’t sign it, ask yourself, “Do I really want to work here?”Â
Protect yourself and stay focused.
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This is actually quite shocking although as a business coach myself one of the first thing I teach my <a href=”http://massagetherapybusinessmentor.com”>Massage therapists</a> clients is to develop a business mindset, that doesnt mean that you have to turn into Donald Trump overnight and scream “you’re fired” but as you mentioned earlier it means that <a href=”http://massagetherapybusinessmentor.com”>Massage therapists</a> have to realize that they are running a business, and make sure that they protect themselves as well as their clients.I was wondering if they were protected under laws regarding unfair dismissal what do you think?
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Dale Atkinson, an attorney who represents dozens of boards and associations, including the Federation of State Massage Therapy Boards, spoke briefly about contracts at our meeting last year, specifically one that often comes up with contracts for massage therapists, a non-compete clause. Basically, he said they’re not worth the paper they’re written on.
Atkinson said that if you were talking about a high-level executive who is privy to company secrets of a billion-dollar corporation, then yes, you have a valid case for a non-compete. But he stated that since massage is what it is, and unless you are the vice-president of a franchise, you’re not apt to know any company secrets, and that a non-compete wouldn’t stand up in court because they’re restricting free enterprise.
In regards to any other terms, such as pay, hours, discounts, and so forth, all the owner needs do is insert a clause stating that “employment may be terminated without prior notice at any time.” He actually advised people to go ahead and sign employment contracts, because they would make the employer feel better, but he warned that they rarely hold up in court.