What are my daughter’s rights if she is a massage therapist and 6 months ago left the business where she rented a room to give massages but now they want her to pay them for the gift certificates that she sold?

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What are my daughter’s rights if she is a massage therapist and 6 months ago left the business where she rented a room to give massages but now they want her to pay them for the gift certificates that she sold?

She left to go work at a better place. Can the owners of that business make her pay them for gift certificates that she sold for massages if they choose to accept them instead of sending the client to her?

Asked on September 24, 2015 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on the terms under which she sold them--for example, were the terms that if she sold the certificates but did not provide the services, she would have to reimburse them? It also depends on whose name they were sold in her name in which case the clients should be directed to her new location and she'd have to honor the certificates or the business's name in which case the business may be liable for them and therefore, since she caused them to incur a cost, she may in turn be liable to the business. There is no one-size-fits-all answer to your question it depends on the specific facts.


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