Protecting Massage Therapy Employees From Being Put at Risk
Massage Envy is an offshoot of a popular law firm, headed by a pair of former Wall Street Attorneys. According to their business plan, they believe that massage therapy should be regulated like cars, cigarettes, and alcohol; therefore, employees cannot be fired for getting a massage. In fact, they say that the law should be waived altogether. In other words, if an employee receives a massage, then they have the right to sue the company for monetary damages.
Unfortunately, the owners and creators of Massage Envy are quite clever.
First, they attach their own trademark to their product, which has the word “enchanted” in it. Second, they make statements on their website about the importance of this holistic practice to human health. Third, they have a legal team that actively handles massage-related legal issues.
Unfortunately, just like every other law firm, this one too has a pretty glaring legal flaw. Namely, they are required to pay an exorbitant amount to any of their clients who suffer an injury or financial loss as a result of using Massage Envy products. Needless to say, the company is in business to make money and to do that, they need to ensure that they’re meeting their obligations to their employees and promptly paying those who are affected.
This flaw was brought to light by a former employee.
This individual, identified only as Jane, says that she suffered an injury while receiving a massage at Massage Envy’s office. Jane says that when she was treated for her injuries, Massage Envy failed to properly cover her medical bills, and instead forced her to file a lawsuit against the company. According to Jane, Massage Envy’s attorney, the company does not treat its employees with regard to any legal liability. Further, the insurance offered by the law firm to cover employees’ injuries was $40 per hour.
These employees believe that they have a case.
Unfortunately, every legal case is different and it’s difficult to say whether or not the company’s lack of consideration for their employees constitutes negligence. For instance, if an employee has an established injury and is making a claim against the company for that injury, then it can certainly be considered negligence. If the injuries arose due to an accident, then it could certainly be considered negligent.
One thing we do know is that there are a great number of injuries sustained at massage parlor’s because customers are not using them for the purpose intended. They are being given massages on an as-needed basis. There is absolutely no way of telling how many massages will actually be needed. It’s also impossible to know how many employees will go to the bathroom during the course of an evening or day.
So, what is the solution?
The answer is simple: Do not get involved with a law firm that is representing Massage Envy. Do not, in my opinion, recommend that clients give any money to a law firm that is representing this company or that is associated with them. You are doing a disservice to your clients and employees. Instead, look for a competent law firm that does not have an existing case working against Massage Envy.
As I alluded to earlier, you need to make sure the law firm you select is not working against your company or your employees. Do some research on the internet. You will find plenty of information about law firms with stellar reputations. Do not let that information to harm you in any way. Instead, use that information to protect yourself and your business.
If you are an employer and are being harassed via a massage therapist, you should definitely contact a law firm specializing in employment law.
First, this is a fantastic opportunity to take advantage of a lawsuit. Unfortunately, it is extremely unlikely that you will receive any money from a suit like this. But if you are being accused of discrimination, harassment, or of failing to properly maintain your workplace, you will definitely want to speak with an attorney. They can explain why an employer is responsible for the actions of their massage therapists and how a lawsuit against your business would likely fail.
Second, if you are an employer, you need to find a competent law firm today. A business that serves massages as a profession needs to hire an attorney with a strong record of winning cases for other massage therapists. You don’t want to go to a law firm that has never won a massage lawsuit. This could place your employees at risk for long periods of time, negatively effect your ability to retain qualified massage therapists, and cost you a lot of money.
Last, if you happen to be an employer who has been sued, you need to contact a law firm today. The massage therapy industry is one of the fastest growing industries in the US. If you were to allow these lawsuits to go forward without defense, it could put your workers at risk for a very long period of time. It could even lead to a large financial loss for your company and a crippling blow to your business and your finances.
