Am I Legally Allowed To Work For Massage Envy And Another Massage Employer At The Same Time
- Posted on May 1, 2017
That depends on the specific language in the non-compete agreement you signed with Massage Envy. None of us can tell without reading it. Those sorts of restrictive covenants, signed in 2011 or later are much more likely to enforceable than those signed at an earlier time. It will be well worth your money to have an employment attorney review the contract and give you specific advice before you take on any new employment or contract work.
Non Compete Clauses For Massage Therapists
- Posted on Nov 23, 2016
In general, non-compete agreements are “disfavored” because they are in restraint of trade. Despite that disfavored status, however, courts routinely enforce such agreements when they are considered “reasonable.”To determine the reasonableness of a non-compete agreement, the court considers two factors: Whether the employer is protecting a “legitimate interest,” and Whether the agreement is reasonable in scope as to the time, geographic area, and the restricted activity.Generally, an employer’s interest is legitimate if the non-compete is the only way to protect the employer’s trade secrets, goodwill, and current customer base. The reasonableness of the time, geographic area, and restricted activity are very fact specific questions that must be addressed by reviewing the actual agreement.Even if a therapist signs a non-compete agreement, the court will not enforce it if the agreement is unreasonable.Non-competes have nothing to do with “at-will” employment. “At-will” employment simply means that either party can end the employment relationship at any time, for any reason , and without notice. The NCA focuses on what happens WHEN/IF the employment relationship ends.
What Does Culture Mean To You
At Hand & Stone, we operate with the core philosophy that delivering world-class experiences to our valued team members and clients all day – every day – is ESSENTIAL. Our Culture embodies many different elements, we remain committed to elevating the experience for our teams and clients. We pride ourselves on building healthy, everlasting, and meaningful relationships that create an environment of being a world-class TEAM, while also being a family that positively impacts the lives of our clients and teams.
Be a part of our Spa Family as we continue to grow…
Also Check: Best Eye Massager For Dry Eyes
Practice Owners / Counselors Are The Worst
Understandably, counselors can become frustrated with practice owners who want to bind them into employment contracts that limit their ability to explore new opportunities or strike out on their own. This can feel very unfair.
Understandably, practice owners can become frustrated with counselors who join their practices, are credentialed and assigned hundreds of clients, but then take those clients and open up shop down the road. This can feel very unfair.
The solution, for both sides, isnt to learn whats legally enforceable rather its to have honest conversations about what both parties want in the short-term and long-term and create a mutually-acceptable agreement that both are willing to honor.
Written by Anthony Centore, PhD
Anthony Centore, PhD, is Founder and Chair at Thriveworks a counseling practice focused on premium client care, with 340+ locations across the US. Anthony is a Private Practice Consultant for the American Counseling Association, columnist for Counseling Today magazine, and author of How to Thrive in Counseling Private Practice. He is a multistate Licensed Professional Counselor and has been quoted in national media sources including The Boston Globe, the Chicago Tribune, and CBS Sunday Morning.
Discover more
Labor Laws For Massage Therapists
There are specific labor laws governing massage therapists and contract workers in general. One of the most significant deals with hours worked and payment of benefits. If any employee works over a certain number of hours for your business, you may be liable for paying them benefits, including sick leave and health insurance. According to AMTA, things like how the contractor gets their assignments and the degree of control they have over their materials and supplies and who purchases them also impact whether someone is classified as an employee or a contractor.
In most places, all practicing massage therapists must also be licensed by the state or local governing body. It is the business owners obligation to check their license and ensure that it is kept up to date. In addition to labor laws for massage therapists, there may also be union guidelines that you need to guarantee. Massage therapists are often covered by union guidelines that prohibit them from working more than a certain number of hours per week.
The bad news for massage therapists is that independent contractor massage therapist taxes are largely the responsibility of the contractor. Because youre a contractor and not an employee, your boss doesnt have to withhold taxes from your pay. That means youre responsible for calculating what you owe and paying it at the end of the year or throughout the year via quarterly taxes.
References
Also Check: Hand And Stone Massage Groupon
What Voids A Non
Voiding a non-compete contract may also be possible if your employer promised you something in exchange for signing the agreement and did not intend to fulfill this promise. An example of this would be an employer stating he or she would only enforce the contract if you tried to work for a single competitor and then later preventing you from working for another competitor.
Can I Work For A Competitor If I Signed A Non
If your employer presents you with a non-compete agreement and you decide to sign the contract, you are promising not to compete against your employer once your employment ends. In addition to preventing you from signing an employment contract with a competitor of your former employer, non-compete clauses can prevent you from:
- Working as an independent contractor with a competitor.
- Becoming the owner or part-owner of a competitor.
- Investing in a competitor.
You May Like: Massage Envy Stone Mountain Ga
Can My Former Employer Enforce The Non Compete Agreement
i had a non compete with a former employer. I’m a Massage therapist so it states I’m not allowed to have any services with anyone i catered to at their location for ten mile radius and for one year. My practice is about two miles away. And the other spa is about 6. My clients want to see me but I was told if I see them I will be in breach of the agreement. Can they enforce the agreement?
Summer Camp Parental Consent
When organizing summer camp programs, you need to provide as much information as possible about camp rules to parents and guardians. With Jotforms Summer Camp Parental Consent PDF Template, you can create a personalized and detailed consent form parents will actually want to read. Youll also be able to save all submitted online responses as PDFs that can easily be downloaded and shared with camp staff.Using Jotforms PDF Editor, you can rewrite the provided text to better describe your camps unique policies and services. No coding skills needed just drag and drop elements until youre satisfied with the template layout. Once youve finished making modifications, your template will automatically convert any submitted responses into PDFs that will be as safe as your campers.
You May Like: How To Start A Massage Spa Business
Should Counselors Sign Non
Being in my position, I regularly get practice and employment questions from mental health professionals. Questions related to the issue of non-compete agreements are some of the most common. Heres one:
Hi Anthony,
Im newly licensed and was offered a position at a local counseling center. I feel I should do this for a little while, while I am trying to get my own practice going. The problem is that in the employment agreement the owner gave me, it states that I cannot work within a 50-mile radius of his office. I live in the area and was hoping that I could work for him a few days per week while starting my own practice nearby. What are your thoughts?
Non Compete Agreement For Massage Therapist
Massage is a physically painful job. There is a limit to what a person can do. Unfortunately, it seems that many employers think they will do a lot of the hard work of a massage therapist. It leads to resentment. I know that many therapists would like to receive referrals from doctors and other local health care providers, but they often go the wrong way, such as sending free gift certificates, etc. And you wonder why you`ve never heard of the doctor and why no one has ever used the gift certificate, right? Well, that`s because legally, they can`t, in large part. In many places, this could very well be seen as a setback and a violation of important legal and ethical guidelines. Here`s the trick, there are several rules to prevent doctors and other health professionals from having kickbacks. For example, you may not receive a great gift from a pharmaceutical representative, as this may be your recommendation of this drug to their biased patients.
Don’t Miss: Wood Therapy Massage Before And After
So Should We Care About Massage Therapy Competition
Now, Im not saying you shouldnt be concerned, at least a little, if competing businesses open close to yours. In the neighbourhood I used to live in Toronto, we had three dental offices open within a 10-minute walk of each other in a single year. You have to wonder if any of them knew the others were coming before they signed the lease on their units.
But five years later, all three of them are still open. It wasnt because everyone in Toronto suddenly had bad teeth. It was because each had their own style, their way of differentiating themselves from the others.
One focused on being known for their friendly and relaxing environment, good for anxious clients and kids. One focused on having all the state-of-the-art equipment and latest cosmetic procedures. One focused on wholistic dentistry. Sure, all did all the basics: cleanings, checkups, x-rays, and so on. But they each had their own approach in their marketing and overall vibe.
So its not just about proximity. Location. Convenience.
People have choices. Why should they choose you?
Find this type of content helpful? Need help attracting your ideal niche client? I got you! Sign up below and Ill send you my free guide on the one thing your website needs to attract those awesome clients .
So How Do You Specialize As A Massage Clinic
Heres a common example of what I see on social media profiles or websites for health clinics.
At we specialize in massage therapy, cranial sacral therapy, deep tissue massage, hot stone massage, and pregnancy massage.
Is that specializing?
We specialize in massage therapy, physiotherapy, chiropractic, osteopathy
Or is that?
Sorry to all the health, wellness, and holistic businesses out there, but this is not specializing.
You make a big list of your services and say thats what you specialize in. But lets be realistic: all massage therapy clinics offer essentially the same kinds of services. All multidisciplinary clinics? Same thing. And this applies to anyone with a service, from childcare to gymnastics coaching to accounting to, yes, web design.
That isnt specializing.
Specializing, or niching, is much more nuanced. Its taking your story, your approach, and your ideas, and putting that into your business. Its using your personality and life experiences and blending them into your business.
Thats something that no other business is going to have.
Whats your unique story? How is your approach different from others? Why should people care?
Recommended Reading: At Home Massage Long Island
The Rights And Limitations
The rights of both parties involved in the massage therapist rental lease agreement should be well defined. Clauses to include when describing the rights and limitations of either party include indemnity by the Lessee default by the Lessee assigning and subletting the premises damages to or destruction of the premises severability and no waiver.
Massage Therapist Non Compete Agreement
In Vann, Individual, o/b/o Himself and All others Similar Situate v. Massage Envy Franchising LLC, 2015 WL 74139 , the U.S. District Court for the Southern District of California sued a franchisee, Massage Envysing, LLC , for alleged violation of California`s minimum wage law. Mr. Vann, one of the plaintiffs, worked as a massage therapist in two different California Massage Envy franchises, one of which was located in Chula Vista, California , which belonged to the Charis Group. Foster is one of the millions of Americans who entered into non-compete deals they probably didn`t understand. They are locked into low-paying jobs until they can earn enough money to move to another city or suspend their careers for a year to end non-compete clauses. Ahmad said companies regularly expect employees to sign non-compete clauses that do too much. Well said. You have perfectly articulated my thoughts.
Added by
Don’t Miss: Best Massage In Fort Worth
Washington State Massage Therapy Association
Non-competition clauses in the profession of massage therapists
If you are a licensed massage therapist and work either as an employee or as an independent contractor here in Washington state, your employer may have required you to sign a non-compete agreement when you were hired. Read on for the latest non-compete enforcement changes that may apply to you.
For those unfamiliar with the term, a non-competition clause is a contract between an employer and its employee. For massage therapists, this is likely to be a clause listed in a subsection of your terms of employment. This type of agreement prohibits an employee from working for or starting a business that is, or would be, in direct competition with his employers business. The agreement may also provide that after the termination of employment the employee may not work or set up a business within a certain distance from the employer, at least not until a certain period of time has elapsed, otherwise he could be fined.
Non-competition clauses are used in many different professions to protect employers from losing business to their current or former employees. Washington lawmakers, who viewed non-competition clauses as impeding economic growth and development, proposed bill SB 5478, which was signed into law on May 8, 2019 and became effective on January 1, 2020. The revised code RCW 42.62.020 contains the following details:
What does this mean for licensed massage therapists?
References:
Free Massage Therapist Rental Agreement Template
A Massage Therapist Booth Rental Agreement is a legal agreement between the owner of a massage parlor referred to as the Lessor and a massage therapist referred to as the Lessee to lease a massage booth.
The agreement simply outlines the terms of the agreement and stipulates that the Lessee takes up occupancy of the massage booth in exchange for rental income. The massage therapist rental agreement also sets clear terms and conditions for the renting of the massage booth including the rent amount to be paid by the Lessee the frequency of such payments, the hours of operation, how the premises can be used, and any other key items necessary for the agreement.
Recommended Reading: The Academy Of Massage Therapy
Need Of License For A Massage Therapist
Different states have different views on whether a massage therapist should have a license to rent property and operate their business on it. To determine the different laws governing the massage therapists license to practice and check whether or not he or she is permitted to practice therapy in the region of the property, visit Massage Therapy License and scroll down to see the different state laws.
How To Hire A Massage Therapist With A Business Contract
In many ways, its easier to hire a massage therapist on contract than a full employee. Its also less risky since you wont invest as much time and resources in training them. Still, you need to have an agreement that spells out your responsibilities and obligations and follows IRS rules.
There are varying degrees of detail that may be included in a business contract between a manager and an independent massage therapist. Some agreements amount to little more than a room rental agreement. These contracts are similar to store lease agreements. Very often, the business owner or manager has little role in how the therapist runs their business.
Other contracts include more terms. They may stipulate that the therapist is available for a certain number of hours. It may even have a noncompete clause, prohibiting the therapist from taking clients away from the business if they leave or providing certain services elsewhere.
Recommended Reading: Pelvic Floor Massage Therapy Course
Sample Therapist Independent Contractor Agreement
Several terms may be included in a massage therapist independent contractor agreement. The first is pay and services rendered. Pay typically details what the business pays the contractor when performing a service. The contract should also include the services the company provides, such as clean linens, scheduling, payment of credit card fees and so on.
Most contracts also include stipulations prohibiting damage to the business. This could be in the form of physical damage and reputation management. Some contracts may also go as far as to include a massage therapist non-compete agreement, as discussed above.
Finally, there are typically other logistical details in these contracts, which may include conflict mediation and terms of termination. If you have any misgivings about a contract, always meet with a lawyer and have them explain the terms to you. This is your livelihood, and you shouldnt take chances with your ability to make a living.
What Customers Are Saying:
I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.
MildredWashington, DC
Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you
Happy CustomerDenver, CO
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Gary B.Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
EricRedwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS
Read Also: Winter Haven Massage And Spinal