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Full Version: Such a scam!
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I would love some advice, i dont even know where to begin. I own a small salon in new york. I recently brought on a renter that performed lash extensions for a reputable company (or so i thought). I looked into the company and they are addiment on following state laws, and if nys requires a license for eyelash ext, then she would have to present her lic before they "certify" her. When she met with me she told me ONLY a certification is needed in nys for lashes not a lic and since this company gave her the cert i went w it. Shame on me for not looking into it more, i know, hmh!
It explains it the contract that she signed that is in effect until dec 16,2012 that she needs bus ins and a DBA. Which she went and got the next day, well the ins at least. The DBA thing was another story. She kept "forgetting" it, then wanted to frame it, finally i told her, she could not work until she brought it in. Thats when she admitted to me that she never got it because you do have to be licensed in ny and have to present that and an area renters lic in order to get ur DBA!!! I asked how she had gotten cert by the lash company and apparently if u whine and beg enough they let u "slide" on through. (She did have some cosmetology schooling)
So, obviously she is no longer at my shop, and i have a serious issue with the lash company, and when i brought up that she owes me over $1000 in rent which the contract states if they leave early, she has tried to flip it and say, it was signed under false pretenses because she was never lic and wont hold up legally!!! I had no idea when signing, yet she did!! I do have a call in to my lawyer, just wondering if u all think i have a leg to stand on?
Unless your lawyer is a friend, chock it up to experience because it will cost at least $1000 to sue her and if she has no money odds are you will never collect.
This one has me laughing. She signed under "false pretenses" and therefore it can't be enforced!! Hilarious. She was the one who misrepresented herself. Clearly she doesn't understand contract law. Your contract probably will hold up legally but the cost of doing it will be more than it's worth. You might be able to sue in small claims court, but what is your time worth? It is quite likely she will fail to appear and you will win by default, but then how will you collect? I think you file a complaint with the company and maybe even file a complaint against the company.
It would be just for small claims and i know i will prob never see the money but its the principal
(09-06-2012, 04:43 PM)sassafrass Wrote: [ -> ]It would be just for small claims and i know i will prob never see the money but its the principal

Principle can cost a lot, even in small claims. If you do go to small claims, you might sue both her and the company ("deep pockets"). At least then you might actually have a chance of collecting.