Tuesday, March 11, 2014

Answering those thorny $$ questions

Do you ever ask yourself these kind of questions:

I know how much money I'm making but am I actually making a profit?

Isn't there an easier way to do my quarterly / annual taxes?

Wonder how much my practice is worth.....could I sell it?

Is my client list worth any money?

Am I going to make enough money to pay my taxes / take continuing ed / buy a new table / etc.? 

How many massages do I need to do just to break even this week / month / quarter / year?

Did that new marketing campaign / online scheduling / groupon / etc. actually make me any money?


There are pretty simple ways to answer these questions and to assess the health of your practice in general (always a good idea; think of it as a wellness visit for your practice). Just last week I recorded my first webinar, with At Peace Media, to show you how.

The webinar (Taking the Temperature of Your Practice) will be available next week (March 18) as part of a package of great and useful webinars. Most are 1-3 hours, so they're easy to digest and all are eligible for CEs.

Check it out (see what I really look like!) and become just a wee bit wiser next week.

The Death of the Non-Compete Clause

Have you been an independent contractor? Did your contract include a non-compete clause (which says who you can and can't work for while you're working with them or after you leave)? It was a waste of paper.

Non-compete clauses are not enforceable in independent contracts. They're barely enforceable for standard employment contracts.

I learned this last week in a fascinating conversation with an HR professional, Angelique Andrea of HR Awakening. I'd seen them and heard of them forever. They have caused a lot of consternation, anxiety, and frustration.

And they're not enforceable.

Why? Very simply, one company cannot tell another company where, how, and when they do business. When you are brought on as an independent contractor, you are brought on as a business, not an employee. In fact, part of being a "real" independent contractor is that you are continuing to look for work, market your services, etc.

But....but....but.....you keep reading contracts with a non-compete clause in it! And they assure you the contract has been reviewed by a lawyer! Still not enforceable (not illegal, just not enforceable).

A contract can include a non-solicitation clause. This clause defines the "rules" that govern whether you can actively recruit the company's clients or employees, both while you're there and after you leave. Those are enforceable (of course, within reason).

But that pesky non-compete clause? Waste of good paper.

What do you do if faced with one? Continue to negotiate (you are negotiating, yes??) and point out that the non-compete clause isn't enforceable and you'll need it dropped from the contract before you can sign it.

Still not sure? Talk to a human resources professional, an employment lawyer, or a contract lawyer (I am none of these). Contact Angelique at HR Awakening. She's researched this specifically for the massage therapy profession, at my request.

It continues to be very important that we take ourselves seriously as businesses. A good business owner understands what is reasonable in a contract and what isn't. It's just part of being a smart business person.