a community of practitioners

The illusion of being in charge

Last week, my coworkers and I received a new contract in the mail. We are all listed as independent contractors, but this contract was an out-of-the blue surprise. There has been no mention of renegotiation from anyone in middle management hell - just a contract in the mail one afternoon to be signed and returned by a certain date.

The new and wonderful points to which we're to sign our enthusiastic agreement are:

The raising of client fees, but the lowering of our commission. We will be making less after the fee raise than we do now BEFORE more money is coming in. (Apparently no one has considered the simple logic that if our program costs more to run, then the general cost of living is up as well, making the sharing of the wealth a necessity.)

A non-compete clause stating that we cannot work on OUR clients anywhere else, regardless of the client's wishes or special requests. (This part isn't so much a surprise - we're all familiar with non-competes, but we don't have to like them - especially when we're the one's who've worked to retain clients to which someone else then ambivalently lays claim.)

And the cherry on top of this yummy crap sundae is that, within this non-compete clause, there is a distance limit stating that we cannot work within 10 miles of our present location or any of it's related facilities - this covers the entire city and it's outlying areas. (And if we're caught doing any of these things, we get to pay our own legal fees as well as those of the plaintiff EVEN IF the judge finds in our favor.)

Ouch.

Our regular clients return because they enjoy the work we do for them. They aren't "regular" because they're focused on the location as much as they are our individual work.

Isn't FINALLY not having to listen to the mindless yammering of lesser people of lesser intellect spewing lesser orders at you a rather major upside of working for oneself? This was definitely a motivating factor for me when choosing this career path, yet here I sit.

So... in an attempt to NOT "sign my life away" I'm scrambling to find a new "venue". Meanwhile, the date by which I have to sign this contract is yawning before me.

I canNOT sign, and I won't. I'm terrified to leave what I'm used to, but I'm attempting to adjust my usual glass-half-empty mindset, so that I can see this as an opportunity instead of an oncoming trainwreck.

Even so... I could really use a moment of clarity decorated with a crystal ball.

Next Post >

Comment

You need to be a member of massage and bodywork professionals to add comments!

Join massage and bodywork professionals

Comment by Stephanie Dolan on February 4, 2010 at 8:40am: I'm sure that's true... I hope that's true. But my fear over what might happen is smaller than my indignation over just the principle of the thing.

While I do think that - most often at least - there is a first time for everything, and I really don't want to be the person who's finally sued and made an example of in losing - I, more importantly, just really don't want to put my name on or anywhere near a document that would allow, on the surface at least, complete control over my business-life.

And Marissa, I do like the wellness clinic idea. There are three of us so far that are interested in coming together in that way. If we could just get a couple more, I think it might just happen!

Comment by Darcy Neibaur on February 3, 2010 at 10:08am: As has been stated in many blogs and groups here non compete contracts do not hold up in a court of law.

Comment by Marissa on February 3, 2010 at 9:25am: I'm on board with: take the clients and run. Perhaps do mobile massage for your "regulars" to start; with them being aware that it is a temporary situation until you find the right location. That way you can retain your normal client list, while actually making more money due to no split. Find a decent base location and contact the other therapists that bolted as well. Everyone can have a hand in building a "wellness clinic". Just a thought.

Comment by Stephanie Dolan on February 3, 2010 at 12:24am: I work for a hospital. Yes, there is a group of us, and some of us have been discussing moving into a space of our own.

I am a contractor, but I am treated as an employee. They have been careful to take away pretty much every perk of being a contractor while adding in just about every downside of being an employee... only without employee benefits, vacation or sick days, etc.

They have repeatedly shouted NO to each and every counter offer and - in some cases - weaker moments of abject begging. The three newest therapists signed out of nothing but blind terror, the most senior therapist quit as did another one of the most talented therapists on staff.

And then there were four. Two have stated they're so afraid of the idea of moving and then not being able to make a go of it that they're considering signing even though they know they're pretty much allowing a complete takover of their professional lives. The other two of us are determined not to sign.

At this point, the two of us are just waiting as long as we can before our deadline is up as we're fairly certain we'll be shown the door as soon as our overlords are aware of our anti-establishment intentions.

Comment by Julie Onofrio on February 3, 2010 at 12:07am: Ouch! Who are these people? What kind of place is it?
Why don't you counter offer? Show them how many clients you have and how many repeat clients and create a plan that will increase new and repeat business and show them how much you will help their business?

Are there others that work with you who can help you and join together? Leave altogether and open your own place? Take the clients while you can??

Hire a lawyer - I hate non-compete clauses and I thought I heard that you can't really enforce them.

Who do you work for?

So you are an employee on commission then? That would be another thing if you are a contractor and being told all that I would look into the other things because I also think that most contractors should actually be employees. If they get reported they will have to pay back labor fees and employee fees.

It is scary at first if you do have to leave but usually it all works out if you keep moving forward little by little. You don't have to take this or you can change your attitude and think of it as an adventure (as did the guy on Oprah I saw that cleaned toilets with the best attitude ever for a new show on bosses doing workers jobs to see what they are like!)

Julie
www.massage-career-guides.com