Legal Question in Business Law in California

taking my money against my will.

I currently work as an independent contractor for a spa as a massage therapist. The owner of the spa recives 60% of what we make, we get 40% pluse tips. What I want to know is if its legal for her to take money that we have already earned away from us for thing like going over on our treatment time or not getting laundry out of the dryer the second its dry, she even charges us for a mistake on our paper work. She says that the money that she collects from us for those things is donated, but we dont know for sure. Is it legal for her to do this even though we do pay her her 60% daily?


Asked on 8/14/03, 11:42 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: taking my money against my will.

If you are truly an independent contractor and not an employee, your relationship is governed by pure old-fashioned contract law rather than the more protective provisions of employment law. Probably you have a written agreement -- if not, I strongly advise that you get one, and one that is not written 100% by the owner and 100% to her advantage.

Whether you have a written contract or not, a contract exists (written, oral or implied are the three possibilities). Your rights depend upon what a court (here, probably a small-claims judge) would find the terms of the contract to be with respect to these issues.

Unless the contract has clear terms to the contrary, a judge would probably decide the issues along lines of customary notions of what is fair and reasonable, ruling in favor of you on issues where the owner is being unreasonable and against you where the owner seems justified in her positions.

In any dispute with an employer (and whether you are a contractor or an employee), it is important to think through the long-term consequences, pro and con, of any hassle, dispute or lawsuit you initiate. You have to stand up for your rights, but you can also make a bad situation worse. Use common sense.

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Answered on 8/15/03, 1:33 am
Dieter Zacher Law Offices of Dieter Zacher

Re: taking my money against my will.

Unfortunately, you are an "independent contractor" and not an "employee". As such, the labor laws preventing these kinds of acts don't cover you. Apparently, she is charging you because you are using these items and violating her little rules which result in penalties. It's like your renting the use of her dryer, massage room for the time period. If you go over, you get charged. I would be surprised if she didn't explain these things to you before you started. If there is no agreement between the two of you regarding these charges, then, you would technically have a cause of action. But, how much money are you really talking about? Is it worth ruining the business relationship you have for a few extra sheckels? If yes, then you can file in small claims court. The local courthouse has information and forms you can use. Good luck and thanks for inquiring.

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Answered on 8/15/03, 1:45 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: taking my money against my will.

If you have a written contract with the owner then the contract should spell out when charges like this will be assessed and how much they will be. If you have an oral agreement, did the owner tell you about these charges? Is she charging other contractors the same way, and if so did she tell them beforehand?

If she is just making up unreasonable charges (if you are literally charged for not taking towels out of the dryer "the second" they are dry that sounds unreasonable to me, but if you are given reasonable time then maybe her charge is reasonable) to nickel and dime you, then you probably could make a claim against her. Of course, the amount you might be due here is probably not much and you could lose your contract for suing her. Employees are protected from retaliatory dismissals, but independent contractors have far less protection.

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Answered on 8/15/03, 5:32 pm


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