Bully Studio Owner... HELP!

twnkltoz said:
I'll third the documentation! I would also be careful how much more details you give out here as it could identify you and get you in trouble or hurt your case.
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Very good point. This actually happened to someone on another discussion forum where I post. Somehow the STB-ex and/or STB-ex's attorney found the thread (which described numerous details of the situation) and it was used as evidence in the proceedings.
 
Larinda,

How could someone end up in jail over a contract? This is strictly civil and not criminal in any nature. I'm in the inner circle of the dance world as a studio owner but I fail to see how anyone could end up in jail.

Unless a contract was found in favor of studio owner and the court ha amass several attempts to contact offending party to cease conducting business and its ignored. Maybe the offending party could be found in contempt but it would take a whole lot of attempts and tries before jail.
 
A contract is a contract, but only if it's legal and neither party has violated it. What constitutes a binding contract varies by state so OP needs a lawyer who knows his/her state's contract law. If it's not an enforceable contract under state law, then what it says doesn't matter as they can't hold you to it. If it IS, then document how they failed to meet their obligations and again, it's voided or they have to make restitution. Obligation to uphold the terms of a contract doesn't just apply to the instructor, the studio has to uphold their end as well. Smart studios had a lawyer write their contract in the first place or at minimum review it. Not all do. And many use the cost of litigation and scare tactics to keep instructors from going to a lawyer and finding out that their contract's not valid or they've violated the terms. OP needs a local lawyer.
 
Whatever you do, don't waste your time looking for a good lawyer. Take a Bible with you, and touch it to each lawyer's exposed skin. When one or the other catches fire, pay whatever he asks. With any luck, you'll own the patent on wooden floors by the time the court case is done.
 
Aw, you poor thing. I've worked for some legitimately bonkers individuals and it really can dent your self-worth. So just constantly remind yourself that it's them, not you.

If I were you, my plan would be to start using any company outing or competition where there are other dancers/teachers/studio owners and use them to network as much as you can and possibly dig yourself a tunnel out. Not sure of how that might be affected by a non-compete clause but at least you could be giving yourself a softer landing or somewhere to go if you have to skip town. And once you're gone, wash your hands of it all and be content in the knowledge that they'll get what they have coming, one way or another. And if they don't -- who cares? You're in a better place.
 
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I am a lawyer. Non-compete clauses are tricky things. Their enforceability varies from state to state. Most states require that they be reasonable in time, area, and scope. What's "reasonable" is very hard to say. Also, there is the question of whether a non-compete clause can stand on its own, or whether it has to be a part of an otherwise valid contract. In your case, there are three things that would have to be considered closely. First, what exactly was the nature of your original contract with the studio, and to what extent, if any, that contract is still valid. Second, there is the question of the non-compete clause or agreement, and to what extent its likely to be enforceable. And third, after six years, what is the legal/contractual status of your current relationship with the studio. These will all vary from state to state, and also depending on the exact language of the contract involved.

You do need to consult with a lawyer. One thing I can tell you for sure: no-one has gone to jail for breaking a non-compete clause. But getting into this kind of legal dispute could ruin your life. Talk to a lawyer. From the little I know, I am willing to bet that the situation is not as dire as you seem to think. But there's no way I can know for sure.
 
Once you get out of this awful situation.

1) Set up your own LLC and be your own boss. Find a studio that will rent you floor space, set up a simple webpage or Facebook page, and teach all you want.
2) Engage with other independent organizations in the area for Social Dance opportunities. Use these to network with other teachers and dancers to build your business.
3) If you happen to be in North Carolina, send me a PM.
 
s2k said:
I always thought "non-compete" agreements/clauses, etc. had expiration dates on them, i.e., "for a period of one year..." etc. Do you have a copy of this contract you signed 6 years ago? What does the language say, specifically? Now I'm wondering what a lawyer would say if the date of your contract is 2009 and hasn't been updated since.
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The contract is a generic one they pulled from the internet. Very vague, no experation. The terms of pay are listed, however they've been change numerous times over the years and never updated contractually. They just seem to change how instructors are paid whenever their mood changes. I've even had hours and choreography taken off my check which they've decided they're no longer paying for.
 
Danzr247 said:
The contract is a generic one they pulled from the internet. Very vague, no experation. The terms of pay are listed, however they've been change numerous times over the years and never updated contractually. They just seem to change how instructors are paid whenever their mood changes. I've even had hours and choreography taken off my check which they've decided they're no longer paying for.
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Sounds like lawyer time to me. You should be able to find a few offering free or cheap consultations, and they should be able to just look at the contract and tell you what they can do.
 
Too bad your not in California, non-compete contracts, unless it's the Coke Cola secret formula, the judge will not even look at the filing paperwork, cause like previously said. Calif. does not recognize those type of contracts, at all.
Check out the threads that Larinda posted.
You've received really good advice.
sometimes, for example,you either have to move 25 miles away or wait one year, etc etc.
Your best ultimate bet, other than documenting what is happening and done to you - get an attorney, one who can separate the wheat from the shaft.
and, oh, welcome to DF.
 
The part that struck me is that you said you are producing the most revenue for the studio of anyone working there. While you may care about your students, it would be interesting to see if a studio that is farther away would be willing to hire you and even pay you more. If you could arrive at such as agreement with a studio owner in another state, you could then tell the current studio owner that you have received a better offer, and if they fail to increase your rate considerably as well as tear up the non-compete project you are going to need to seriously consider their offer.
 
Additionally, it seems to me that the non-compete agreement is being used as a tool to pay you lower wages than your market value, and that just isn't fair! There might even be a local studio willing to pay for your lawyer, and then take you on as their instructor!
 
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