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independent contractor vs employee

Hi all, I have a quuestion and I am hoping that some business owners here can help me out, I just started out at a new place as an independent contractor, 50/50 split until I can afford room rent.. but she is also keeping half my tip. I know this part isn't right, its in the contract I signed so I think I kicked myself in the butt agreeing to it, but I need the job so very badly! Is this something that is fair to retalk with her, is it even something she can put in a contract? Also as an independent contractor can she tell me what to wear? That part may be silly I know, but I can't afford at this point to go buy the clothing she wants me to wear

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Permalink Reply by Stacy DeJong Barnes on July 23, 2012 at 1:55pm

I'm running into a problem with the chiro I'm working with right now. He wants me to sign a lease and calls the business mine, yet all the money goes through him and he pays me just for the time I put in minus the set amount agreed on that he'd take out for "rent". Plus, any money paid for Gift certificates all goes to him and I don't see that money til I do the service. Personally I feel like his definition of this is my business is a bit off. Any help you all could offer me is great! Thanks.

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Permalink Reply by Gordon J. Wallis on July 23, 2012 at 2:36pm

If there is any other way you can make money...Id get out of that office...So often massage therapists are given only two options.. Stay on your knees, or bit the hand that feeds you...Id find work in a spa, hotel or your own office.

Stacy DeJong Barnes said:

I'm running into a problem with the chiro I'm working with right now. He wants me to sign a lease and calls the business mine, yet all the money goes through him and he pays me just for the time I put in minus the set amount agreed on that he'd take out for "rent". Plus, any money paid for Gift certificates all goes to him and I don't see that money til I do the service. Personally I feel like his definition of this is my business is a bit off. Any help you all could offer me is great! Thanks.

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Permalink Reply by Relax & Rejuvenate on July 23, 2012 at 2:38pm

Depends on several things

1) Does he rent his space or own it? If he rents it, then you are a sub-lessee.

2) All the revenue CAN run through is top and bottom lines first, if he has it in your lease or sub-lease that the land-lord is responsible for payment processing and will pass through the net proceeds. That still does not change you having a business -- you have a top line, minus rent, which is your bottom line.

3) If you are a sub-lessee, then all GC revenue should go through him. YOu may not be there in a year, so he has to provide the service since it is sold through his business. Don't forget, a GC "sale" is not income -- it increases cash in the bank but also increases your liability. and that liability should stay with the person who will be ultimately responsible for providing the service, which may or may not be you.

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Permalink Reply by nicolasa on July 23, 2012 at 3:05pm

Hmmmm, if its your business then why would he pay you hourly when you are there? Are you able to promote yourself and set your own hours and prices? In any business, not just massage a sublesse is separate from the business of the lessor or on other words a contractor. A NETWORKING relationship in a business may include a contract stipulating both business owner (chiro-one, massage-Two) to share operating expenses of the office, including telephone, receptionist...spliting the expense 50/50. However separate books are kept for each and bank accounts as well. Both did write off their part of the expense. It sounds like you are N employ

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Permalink Reply by Stacy DeJong Barnes on July 23, 2012 at 9:15pm

As of right now there is no lease or contract signed. We were giving it a 3 month trial, and now over 4 months later he brought it up. As it is right now, he collects all the money and pays me every 2 weeks for the work I have done. I don't have to be there the hours that no one is scheduled.

If I do advertise, he will contribute 1/3 of the cost, but he has a lot of input. He has suggested scrubs, but I'm not comfortable in them and compromised with him. I schedule my own hours and as far as prices, I agreed to keep them the same as they had from the therapist prior. He has a lot of say and I feel pressured sometimes to do what is suggested and I guess that's my fault for not standing more firm.

I personally feel more like a independent contractor and that's fine for now, as I build my clientele and figure out if this is the city I want to stay in for a long time. But as an Ind. Contractor, I feel that signing a lease is the wrong thing to do.