i think i'm going to be sued.....

[The Guild]

i have been there since start of april, i think my employers are pretty cross with me, but i dont know what to do! trading standards have been in touch with my employers today, and they have just rang me to let me know whats going on. apparantly my routine was awful, but i have no idea why?! I was only doing the routine that I have been taught......i dont get it, im so upset, i am shaking, i handed my notice in there and then on the phone.

why dont clients think before they act?

I cannot stress enough how important it is for you to contact your insurance company. Good insurers will be able to offer you plenty of advice on what to do next, and will keep in touch with you until the matter is resolved.

This is what your insurance is here for, and there should be people at the end of the phone who can offer you all the help and advice you need.

 

[oey]

I cannot stress enough how important it is for you to contact your insurance company. Good insurers will be able to offer you plenty of advice on what to do next, and will keep in touch with you until the matter is resolved.

This is what your insurance is here for, and there should be people at the end of the phone who can offer you all the help and advice you need.

Can I just ask something to be verified - the insurance is the employers responsibility and would only be the therapists if she is self employed?

 

[sodabubble]

Thanks for the advice everyone. I do not have my own personal insurance, as I work for a salon, whom I assume hold insurance for me, I am not self emplyed. Still in the dark as to why or if this lady complained, I seem to remember her telling me she was thinking of selling her house as she is hard up for cash at the moment, maybe she thought she could make a quick buck? Or, if it was my employers who decided they wanted rid, well, I hope the next therapist will do the laundry and produce leaflets in her own spare time, pay for her own courses, and bring her own products in to use, otherwise things may not go to plan!

 

[The Guild]

Can I just ask something to be verified - the insurance is the employers responsibility and would only be the therapists if she is self employed?

Hi,

This is not necessarily the case. It is down to an employers discretion as to whether they take out insurance for you, or whether they require to get your own. Even as an employed therapist, you can still be expected to provide your own insurance.

 

[user 17597]

Hi soda,

Just wanted to send you a big squashy hug so heres three:hug::hug::hug:.
I am so sorry about what has happened. I agree with other geeks this is deffanetly not as it seems. Either the woman is strapped for cash and wants a no win no fee situation. But in all honesty it sounds more like your employers are behind this.
I hope you are feeling better and please dont feel low, i know its hard not to because i would feel the same as you.
Wishing you all the best in your new venture, which im 100% sure will be fine and you will love it. I Hope who ever is behind this gets their come uppance, im a great believer in what goes around comes around.
chin up girl, you are worth more than that, keep smiling, :hug:xxxxx

 

[sodabubble]

thanks betty! and also i never knew that your employer does not always have to have you covered in the salon insurance! I just assumed it would be so!

Any other geeks out there who work in a salon PLEASE check that you are convered, or ask your employer if you need to take out your own!

 

[oey]

Hi,

This is not necessarily the case. It is down to an employers discretion as to whether they take out insurance for you, or whether they require to get your own. Even as an employed therapist, you can still be expected to provide your own insurance.

Well I am gob smacked! I thought it would be a legal requirement the employer has employee and liability insurance! So would it have to be in the contract if the employer wanted the employee to have their own insurance or should it be presumed that if it is not in the contract then the employee needs to get their own.

 

[minky]

Hi I don't work much these days more or less semi retired and just assess maybe now and again

but when I do work I always took out my own insurance even if the salon had their own ,
Its just that I am self employed wherever I worked ,
also if I happen to do some work at home or in a friends house
I find I would need it for this reason too :hug: so for 35 quid a year its fantastic for peace of mind .

I also would have thought like Oey
That the shop owners should have all their services for clients insured
:hug: x

.

 

[poppy2]

Hey you shouldnt have done that
I know its upsetting to be critiscised but you are now out of work and it may be over nothing if you employer wants you to leave then they have to give your proper notice etc.

another time stay and try and sort problem it may be just client didnt like your routine but thats fine either you adapt it or your clients changes nail tech

try to remain calm about any future queries. it will help in long run

 

[poppy2]

Check your employment contract, it should state in there whats what
also under self assessment ie self employed rules one of the criteria for ascertainign ir you are self employed or employed is if you have your own isnurance. ie if you do you are self employed if you dont you are employed ie the employer has the insurance
Worth checking this with an employment solicitor as well, or citizen advice if you need to later

 

[Sassy Hassy]

what an awful situation you have found yourself in. Hindsight is always easy isn't it! So here's my advice for what it is worth ...

1. find a solicitor that will give 30 mins free advice to see if you can take them to an industrial tribunal - may not be easy as you don't have a written contract, but employment laws change all the time and this may not be a problem these days.
2. Contact your college tutor as you said you would, and get her to give you a much needed confidence boost
3. enjoy being self employed and show them that you can make it on your own ... and no doubt earn a lot more than they were paying you
4. Keep your chin up, worrying about petty minded people just isn't worth the effort
5. Have a :hug::hug::hug:

 

[sodabubble]

thanks so much for the advice sassy, kind words and a fresh pair of eyes go a loooong way!

 

[blossom]

Somehow I have missed this thread .. . . probably been in the ChatRoom too much lol . . . .

just wanted to send you lots of :hug::hug: sodabubble and good wishes for the launch of your mobile business, it will be the best thing you ever did, I'm sure.

Every cloud has a silver lining - and this is yours :hug:

 

[foxybasixs]

Aww hun it sounds like you have had a bit of a raw deal. But have you thought about this.... what age are you because you sound pretty young and maybe if you sit back and think about it your employer may have wanted to get rid of you by using scare tactics so they could employ someone who they could pay less to. I bet if you actually sit down and think about it it should all make sense and unfortunatly you have done exactly what they wanted you to do by handing in your notice. I doubt it would be your technique that was to question if the client hugged you and gave you a tip. And think about this was there anything in writing as solid evidence to sustain the accusation against you - I bet not. So it was just hearsay and it is inadmissable as evidence regarding claims. Please dont beat yourself up about this there are awful employers out there who know nothing. This happened to me when I was younger and yes it did knock my confidence for a while but you have to be the bigger person in all this and move on from it and learn from your naiveness. Hope this helps. Good luck. X

 

[sharon h]

like other people have said you cannot possibly be sued for giving a massage. you have not harmed or damaged the client in any way if not they would have let you know ( screamed out in pain or said something if they had any pain during the massage) and got up and walked out of the therapy room. so its obvious you have not harmed them in any way. every time you massage someone it is different as some people like a relaxing massage, some like stimulating massage and others just dont care what you do ha ha most of my clients just tell me to get on with it and they dose of and sleep. sometimes you can be softer with touch and other times harder it depends on the mood of the therapist i think as well, mood of the client, pehaps the person did not relax enough or was just not in the mood and decided to complain, but it is not your fault. there is no pleaseing some people. I have done a lady and she has said it was lovely but I wish you had worked a little harder on my back, yet during massage like you I asked if it was ok she replied yes. so if they dont say anything during the massage then thats their problem I think once treatment over no piont telling me after the event I just jot it down on the notes for next time, and make sure they get it harder or more hacking/cupping next time. I have no trouble with the men they just lay there and they love the back massage, every one has said the massage gets better every time they visit. i think it has more to do with the fact they feel more relaxed as they get to know you, and the environment. you should not have handed in your notice, there is no bad massage if you are trained you know the basic techniques and you ask if the client likes a relaxing massage etc. dont give up you will always get a handful of clients in your career who will moan about the treatment. you want to go back and find out what has been said about your massage, and why the person complained, especially as the person got what they asked for. offer to speak to the client to sort this issue out. I run a business and would not let it drop if a client made a complaint about my staff. I would ring the client up and ask them to come to the salon to sort out the matter, and explain the therapist is fully qualified etc, even offer a free massage with the therapist or another therapist, if the client was funny then I would say fair enough and count our blessings that we no longer had to deal with a dodgy client as at the end of the day you are better of without them. but reputation is important bad press spread like wild flower good press takes along while. good luck hope it gets sorted but most of all dont give up keep going we all have difficult clients but you just move on to the next client and do your best and know you have trained and got the certificate to state you are a therapist and prob a good one at that.

 

[karenfujita]

Well put, Sandi.

I'd put it in writing and give it to your employer, that way there is a written record too while it's still fairly fresh in your mind.

Keep your chin up!

I agree 300%. You help yourself and your employer by documenting everything. It helps to put times and dates on everything as well.

This is going to happen in any personal service business. That is why it is so important to rely on your knowledge and awareness. You know you have done this and that is what makes it so hard to have to "prove" yourself to someone else.

My boyfriend is on the State Board of Licensed Massage practitioners in my state. He has to review a lot of cases like yours. Being a practicing massage practitioner himself, he is both the stongest advocate someone such as yourself has and also your strongest critic. The more honest and accurate information you volunteer, the more likely the state boards conclusions will be in your (and your employer's) favor. If they have to pursue answers to questions or clarifications or if they see inconsistencies in your story, that will tend to put you in doubt. Have someone you trust who is knowledgeable read your recount of your experience carefully and critically. It will help you get this behind you as quickly and cleanly as possible.

It will be a bit hard to get the "game face" you need when you work on clients while this is going on. Just remember what you KNOW of your own skill and integrity. Don't be thinking of what this or that client maybe thinking of you.

It is imperative to continue to do thorough consultations. From what I've seen of the cases that make it to state board review, communication, by far, is the weakest link. Consult until you AND the client are clear. Check with the client every session and make your queries put the responsibility of communication on the client. You don't have to keep checking with the client during a session if you start out with something like "Please let me know if, at any time, I use too much, or too little pressure, if you experience even a little pain or discomfort of any kind (this will protect you from sexual harassment charges!), or if you have an injury you may have forgotten about." Make a statement like this your "mantra" and use it every time the same way. That way you'll be able to frickin' quote yourself if you ever have to do this again! Emphasize, how important it is that they tell you verbally and not rely on you to detect it non-verbally! You will of course look for those non-verbal cues and how the client is feeling by your connection, but the client must be clear on their responsibility for their own well being, and your's I might add.

Hope this helps!

Love Karen

 

[BABTAC Manager]

Soda

1. Neither you nor your employer can be successfully sued for damages if there is (a) no damage or injury and (b) you did nothing wrong anyway. Both you and they are perfectly secure unless BOTH (a) and (b) applies.

2. If you were fully employed, any action you take is deemed to be an action on the part of your employer - especially if you have never been told you must arrange your own insurance - which would be a tad unusual. If anyone ever alleges that they had told you to do so, that would only stand up anyway if they could produce a contract, letter of appointment, T&C's or similar which you had signed.

3. To be honest, you shouldn't have quit - but only because it didn't seem necessary. That can't be taken to be an admission of guilt, just the fact that you were upset! However, from your description of the role, it sounds like you're not losing the job of a lifetime anyway.

4. As others have said, something here is fishy; maybe the client (who, after all, had already enjoyed one sesion with you!) is 'ambulance chasing'? At BABTAC, less than 20% of all reported incidents become claims; there are a lot of gold-diggers out there who think that a legal case is a fast buck. Or did your employer want you to resign? If the latter, it's a very convoluted way to go about it!

5. Most of all, though, you do need to get this documented - if only for your next potential employer. May I suggest;

(a) you send a recorded delivery letter to your former employer asking for details, in writing, of the complaint, stating that you only resigned because you were so upset by the treatment and lack of information that was forthcoming, and stating for the record that you do not believe you have done anything wrong.

(b) you write to the TSO and ask him/her for details, too. They're normally very flexible and friendly, even when things have gone wrong.

(c) you immediately make detailed notes of exactly what happened in the most minute detail you can manage.

Hope this helps.

Regards

PHILIP SWINFORD
Marketing Services Manager
BABTAC

 

[andi]

Hi There Soda,

A few years ago when I first started up I had a client come to me for massage. The first time she came all was well so she rebooked. However when she came for her second appointment she complained that the pressure was too light, so I adjusted the pressure and then she complained that it was too firm. The room was too hot, everything was too this, too that, so after about 10 mins I stopped the treatment and told her that I would not be continuing with the treatment as she was obviously looking for a different type of massage! I told her there would be no charge but perhaps she would be better off looking elsewhere for her treatments

There are some people who are chancers, who are looking for compensation or free treatments. If you passed your assessments and have your certificates and your insurance your are qualified and professional. Go to any therapist for a massage or facial and they will all differ to some extent.

Good luck in the future, and remember there is always one insn't there!:hug:

 

[sodabubble]

wow, andi! thats awful!

I have some incredibly sound advice from this thread, i am going to do as has been suggested and get everything in writing from my (now previous) employers. I fully realise now that I was acting very foolishly by just quitting there and then - I panicked, simple as. I don;t really know if it was just a cunning plot to get rid of me or not - I bought lots of stock and equipment while I was there, paid for my own training, introduced new things to the salon, did my own laundry etc, and since I handed my notice in, 2 other therapists have turned the job down. I guess it is a valuble lesson learned at my own expense, and I accept total responsibilty for my own niavity.

But as they say, when one door closes another one opens, so I guess going solo will be a real journey for me (professionaly and personally!) and I can say hand on heart that the advice I have been given on this thread will stay with me for a loooooooong time!

 

[Mrs Geek]

Dear Philip,
Thank you for taking the time to post this. It is incredibly helpful for everyone on this site. Great post!!! :idea:

Soda

1. Neither you nor your employer can be successfully sued for damages if there is (a) no damage or injury and (b) you did nothing wrong anyway. Both you and they are perfectly secure unless BOTH (a) and (b) applies.

2. If you were fully employed, any action you take is deemed to be an action on the part of your employer - especially if you have never been told you must arrange your own insurance - which would be a tad unusual. If anyone ever alleges that they had told you to do so, that would only stand up anyway if they could produce a contract, letter of appointment, T&C's or similar which you had signed.

3. To be honest, you shouldn't have quit - but only because it didn't seem necessary. That can't be taken to be an admission of guilt, just the fact that you were upset! However, from your description of the role, it sounds like you're not losing the job of a lifetime anyway.

4. As others have said, something here is fishy; maybe the client (who, after all, had already enjoyed one sesion with you!) is 'ambulance chasing'? At BABTAC, less than 20% of all reported incidents become claims; there are a lot of gold-diggers out there who think that a legal case is a fast buck. Or did your employer want you to resign? If the latter, it's a very convoluted way to go about it!

5. Most of all, though, you do need to get this documented - if only for your next potential employer. May I suggest;

(a) you send a recorded delivery letter to your former employer asking for details, in writing, of the complaint, stating that you only resigned because you were so upset by the treatment and lack of information that was forthcoming, and stating for the record that you do not believe you have done anything wrong.

(b) you write to the TSO and ask him/her for details, too. They're normally very flexible and friendly, even when things have gone wrong.

(c) you immediately make detailed notes of exactly what happened in the most minute detail you can manage.

Hope this helps.

Regards

PHILIP SWINFORD
Marketing Services Manager
BABTAC