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	Comments on: Employment Contracts: What is a Breach of Contract?	</title>
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	<description>Backstabbing, bitchfits, and Botox...there&#039;s no business like the beauty business.</description>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-33962</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Sat, 30 Nov 2019 13:32:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=204#comment-33962</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-33879&quot;&gt;Sue&lt;/a&gt;.

You absolutely can, and you should. It&#039;s up to the two of you to agree on terms. You have the ability to negotiate those terms with her until you reach a compromise you can live with.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-33879">Sue</a>.</p>
<p>You absolutely can, and you should. It&#8217;s up to the two of you to agree on terms. You have the ability to negotiate those terms with her until you reach a compromise you can live with.</p>
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		<title>
		By: Sue		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-33879</link>

		<dc:creator><![CDATA[Sue]]></dc:creator>
		<pubDate>Wed, 20 Nov 2019 12:34:50 +0000</pubDate>
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					<description><![CDATA[Hi, I have just started a booth rental. I paid her my first and last week and a deposit.
I have not signed her contract. Due to her not having a printer.
I have worked there one day. Lighting  is horrible. Other stylist there agrees.
Salon owner says she needs to fix. But she has been open since Jun its now Nov. And she hasn&#039;t fixed.
Can I tell her I am not signing year lease until lighting is added.
Thank you]]></description>
			<content:encoded><![CDATA[<p>Hi, I have just started a booth rental. I paid her my first and last week and a deposit.<br />
I have not signed her contract. Due to her not having a printer.<br />
I have worked there one day. Lighting  is horrible. Other stylist there agrees.<br />
Salon owner says she needs to fix. But she has been open since Jun its now Nov. And she hasn&#8217;t fixed.<br />
Can I tell her I am not signing year lease until lighting is added.<br />
Thank you</p>
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		<title>
		By: Tina Alberino		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-32048</link>

		<dc:creator><![CDATA[Tina Alberino]]></dc:creator>
		<pubDate>Sun, 08 Sep 2019 18:49:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=204#comment-32048</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-31902&quot;&gt;A&lt;/a&gt;.

YIKES. I&#039;m not an attorney, but that sure as hell sounds like duress to me. While the requirement to pay the leftover total might not be considered unconscionable by a judge, I consider it a huge red flag and would never do business with anyone who had that expectation--especially without a two-way notice.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-31902">A</a>.</p>
<p>YIKES. I&#8217;m not an attorney, but that sure as hell sounds like duress to me. While the requirement to pay the leftover total might not be considered unconscionable by a judge, I consider it a huge red flag and would never do business with anyone who had that expectation&#8211;especially without a two-way notice.</p>
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		<title>
		By: A		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-31902</link>

		<dc:creator><![CDATA[A]]></dc:creator>
		<pubDate>Wed, 04 Sep 2019 04:54:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=204#comment-31902</guid>

					<description><![CDATA[Hi! So If a salon owner (in New York State) forced her employers to sign/ switch to a booth renters contract (no attorneys to look over first) giving an ultimatum, or they were fired and told to leave immediately, is that able to be proven as duress with a witness, who was fired on the spot and escorted out by the police for not signing? Also if in this lease they have a requirement for the renter to have to pay the total left over from there lease lump some with 10 days ($12,000) from the day resigning, isn’t that Unconscionable &#038; unethical? There is no negotiation out of the year and a half lease. Not even a 90 day notice or 30 day notice. But she has a 90 day notice where she can file an eviction default on the lease, which hardly seems fair?]]></description>
			<content:encoded><![CDATA[<p>Hi! So If a salon owner (in New York State) forced her employers to sign/ switch to a booth renters contract (no attorneys to look over first) giving an ultimatum, or they were fired and told to leave immediately, is that able to be proven as duress with a witness, who was fired on the spot and escorted out by the police for not signing? Also if in this lease they have a requirement for the renter to have to pay the total left over from there lease lump some with 10 days ($12,000) from the day resigning, isn’t that Unconscionable &amp; unethical? There is no negotiation out of the year and a half lease. Not even a 90 day notice or 30 day notice. But she has a 90 day notice where she can file an eviction default on the lease, which hardly seems fair?</p>
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		<title>
		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-26161</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Fri, 08 Mar 2019 13:17:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=204#comment-26161</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-26053&quot;&gt;G&lt;/a&gt;.

Absolutely! That&#039;s how rental works! You&#039;re self-employed, renting workspace within a business that leases workspace to beauty professionals. Not only is it legal, it&#039;s highly advisable and necessary! Salon landlords rent to avoid the hassle of having to employ professionals and manage them. Their rental spaces give professionals the ability to run their own small-scale salons without having to invest in a full facility of their own.

Think of it like an office complex. An accountant, lawyer, counselor, and attorney may all share the same roof. They may even share the same front door. They may also share a hallway that links to their offices and a break room, but they each operate their own businesses completely independently. I recommend reading &lt;a href=&quot;https://thisuglybeautybusiness.com/?s=microsalon+owners&quot;&gt;my posts on booth rental&lt;/a&gt; for more information on how rental works before you make any decisions, though, so you can fully understand what booth rental (microsalon ownership) means, and what your rights are.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-26053">G</a>.</p>
<p>Absolutely! That&#8217;s how rental works! You&#8217;re self-employed, renting workspace within a business that leases workspace to beauty professionals. Not only is it legal, it&#8217;s highly advisable and necessary! Salon landlords rent to avoid the hassle of having to employ professionals and manage them. Their rental spaces give professionals the ability to run their own small-scale salons without having to invest in a full facility of their own.</p>
<p>Think of it like an office complex. An accountant, lawyer, counselor, and attorney may all share the same roof. They may even share the same front door. They may also share a hallway that links to their offices and a break room, but they each operate their own businesses completely independently. I recommend reading <a href="https://thisuglybeautybusiness.com/?s=microsalon+owners">my posts on booth rental</a> for more information on how rental works before you make any decisions, though, so you can fully understand what booth rental (microsalon ownership) means, and what your rights are.</p>
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		<title>
		By: G		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-26053</link>

		<dc:creator><![CDATA[G]]></dc:creator>
		<pubDate>Thu, 07 Mar 2019 01:55:50 +0000</pubDate>
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					<description><![CDATA[Is it possible for a booth renter to form their own Salon Name within the Salon they are working in? As well as to go as far as creating their own business web page and Facebook page with the current Salon owners address? For example only: I work at Salon Vogue Salon but I’m a booth renter and I am going to call my Booth Cami’s Beauty and I’m going to use Salon Vogue’s address/location on my business FB page and web page,  I’m going to sell my own line of retail and start a blog about How to have Healthy Hair and I’m going to do it all inside of someone else’s hard earned business and location. Is this even legal?? And what are your thoughts on this?]]></description>
			<content:encoded><![CDATA[<p>Is it possible for a booth renter to form their own Salon Name within the Salon they are working in? As well as to go as far as creating their own business web page and Facebook page with the current Salon owners address? For example only: I work at Salon Vogue Salon but I’m a booth renter and I am going to call my Booth Cami’s Beauty and I’m going to use Salon Vogue’s address/location on my business FB page and web page,  I’m going to sell my own line of retail and start a blog about How to have Healthy Hair and I’m going to do it all inside of someone else’s hard earned business and location. Is this even legal?? And what are your thoughts on this?</p>
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		<title>
		By: Risa		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-12757</link>

		<dc:creator><![CDATA[Risa]]></dc:creator>
		<pubDate>Sat, 01 Sep 2018 16:14:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=204#comment-12757</guid>

					<description><![CDATA[Love this post!!!]]></description>
			<content:encoded><![CDATA[<p>Love this post!!!</p>
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		<title>
		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-1878</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Wed, 09 Mar 2016 13:44:08 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-1804&quot;&gt;J&lt;/a&gt;.

Those property managers are likely also &quot;managing&quot; two dozen or so other properties. I&#039;m not certain, but it&#039;s possible their only responsibility is to handle maintenance complaints and ensure they&#039;re handled in accordance with state commercial landlord/tenant laws and county codes. Like I said, I&#039;m not positive, but that seems to explain why they aren&#039;t dealing with things like rent. Code compliance and safety would be considered more important, since any injuries caused by their lack of attention to those things would be a massive liability for the bank.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-1804">J</a>.</p>
<p>Those property managers are likely also &#8220;managing&#8221; two dozen or so other properties. I&#8217;m not certain, but it&#8217;s possible their only responsibility is to handle maintenance complaints and ensure they&#8217;re handled in accordance with state commercial landlord/tenant laws and county codes. Like I said, I&#8217;m not positive, but that seems to explain why they aren&#8217;t dealing with things like rent. Code compliance and safety would be considered more important, since any injuries caused by their lack of attention to those things would be a massive liability for the bank.</p>
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		<title>
		By: J		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-1804</link>

		<dc:creator><![CDATA[J]]></dc:creator>
		<pubDate>Thu, 03 Mar 2016 19:11:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=204#comment-1804</guid>

					<description><![CDATA[From my understanding and others have told us is he still holds a lease with the bank and the bank currently has two property managers assigned to our building, I don&#039;t know if that makes a big difference or not but they definitely don&#039;t come around to check up on things nor as for our owner at all.]]></description>
			<content:encoded><![CDATA[<p>From my understanding and others have told us is he still holds a lease with the bank and the bank currently has two property managers assigned to our building, I don&#8217;t know if that makes a big difference or not but they definitely don&#8217;t come around to check up on things nor as for our owner at all.</p>
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		<title>
		By: Tina		</title>
		<link>https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-1803</link>

		<dc:creator><![CDATA[Tina]]></dc:creator>
		<pubDate>Thu, 03 Mar 2016 18:43:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.localthisuglybeautybusiness.com/?p=204#comment-1803</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-1802&quot;&gt;J&lt;/a&gt;.

Oh, so he&#039;s not actually in default since his own landlord breached the terms of their agreement by allowing the building to go into foreclosure most likely. Right now, he&#039;s likely in a position where the bank hasn&#039;t given him a new lease, so he&#039;s probably not obligated to pay anyone until they do. (I&#039;m absolutely not positive on that whatsoever, but I have heard of this happening before.) If I were you, I&#039;d find a way to contact the bank that holds the property and ask them what their typical protocol is in these situations--whether they waive rent until a new buyer assumes the property, or issue new leases to the current tenants. Foreclosure proceedings are typically very, very slow, so it&#039;s not unheard of for a tenant to wait six months or a year to hear back from the bank about how they&#039;ll proceed. In the meantime, I recommend creating a website using your name as the URL, and start letting clients know you have one. If you ever find yourself showing up and the doors are locked, they&#039;ll know where to find you, and you won&#039;t have violated any standing non-solicitation agreements.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://thisuglybeautybusiness.com/2013/01/employment-contracts-pre-breach.html#comment-1802">J</a>.</p>
<p>Oh, so he&#8217;s not actually in default since his own landlord breached the terms of their agreement by allowing the building to go into foreclosure most likely. Right now, he&#8217;s likely in a position where the bank hasn&#8217;t given him a new lease, so he&#8217;s probably not obligated to pay anyone until they do. (I&#8217;m absolutely not positive on that whatsoever, but I have heard of this happening before.) If I were you, I&#8217;d find a way to contact the bank that holds the property and ask them what their typical protocol is in these situations&#8211;whether they waive rent until a new buyer assumes the property, or issue new leases to the current tenants. Foreclosure proceedings are typically very, very slow, so it&#8217;s not unheard of for a tenant to wait six months or a year to hear back from the bank about how they&#8217;ll proceed. In the meantime, I recommend creating a website using your name as the URL, and start letting clients know you have one. If you ever find yourself showing up and the doors are locked, they&#8217;ll know where to find you, and you won&#8217;t have violated any standing non-solicitation agreements.</p>
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