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Waist Circumference: A Conversation Starter
New estimates suggest more than two-thirds of Americans are either overweight or obese. The medical significance of this statistic is astounding.
Paperwork Done Wrong, Done Right
I was visiting a doctor's office recently and a member of his staff brought a stack of forms to his private office and laid them on the doctor's desk. She informed him he needed to complete the forms for patients and a few third parties.
VF Works / DMX Works Epilogue: Almost Two Decades Later, the Lawsuits Continue
An article in the March 8, 1999 edition of Dynamic Chiropractic examined whether then-VF Works / Nu-Best Franchising was selling its franchises illegally to doctors of chiropractic.
A Brief History of Acupuncture and Oriental Medicine Doctoral Programs
A doctorate in acupuncture and Oriental medicine has been a goal of the profession since its beginnings in the late 1970s. At that time, however, the maturity of the educational institutions and the regulatory environment made it a goal with only a distant completion date.
The Acupuncture Channel System (Part 2)
The primary channels (main channels) are introduced in chapter 10 of the Ling Shu, these channels are referenced in many chapters throughout the Su Wen and the Ling Shu. The primary channels have become the main channel system used in TCM.
Treating the Lower Pelvis (Pt. 2): Midline Structures and Fascia
My previous article [October 2016 issue] outlined evaluation and treatment of pelvic issues involving the sacrotuberous ligament and the pubic symphysis. Now let's discuss two case studies that illustrate how to address additional problematic areas of the pelvis.
Reader Beware: Consider the Source
The aftermath of last year's presidential elections brought a running conversation on the role played by "fake news" that was largely presented via social media.
4 Things Every DC Should Know About Levels of Care & Prevention
As health practitioners, we help people with their health problems and assist them with health promotion and disease prevention.
Latest Cassidy Study on Stroke Risk Published
The latest study to investigate whether a unique association between chiropractic manipulation and risk of cervical artery dissection / stroke exists has yielded similar encouraging findings, with the authors noting "no excess risk of carotid artery stroke after chiropractic care" and no significant risk difference between patients receiving care from a DC or a primary care medical provider.
Gather & Grow
I recently attended a faculty seminar held by one of the acupuncture schools. There was a facilitator who led us through some very interesting experiences. The attendees were a diverse group with varying opinions.
News in Brief
The American Association of Acupuncture and Oriental Medicine (AAAOM) board members recently met with the Korean Customs Service, which is similar to the FDA, to discuss herbal safety and importation issues.
House Calls With Dad
My father was a chiropractor and he did house calls. On Wednesday nights, while my mother attended the weekly women's meeting at the Odd Fellows and Rebekahs hall in our small town, dad loaded up the portable adjusting table, fired up the Pontiac and drove off to treat a few patients in their homes. I went with him.
TCM & the Caregiving Population: Treatment Considerations & Our Vital Role
Informal caregiving is increasingly a reality for many Americans who find themselves providing unpaid care for a loved one or a family member with a long-term, terminal, or chronic illness.
AOM Residency at NUNM
Imagine you're a recent acupuncture graduate, worried about making enough income as you forge your new career and seek more in-depth training in a particular treatment style.
ICA Goes on the Vaccine Offensive
Have you watched the vaccination documentary, "Vaxxed: From Cover-Up to Catastrophe," by Andrew Wakefield MD, director, and Del Bigtree, producer? This is the documentary Robert DeNiro was pressured to remove from his Tribeca Film Festival.
Spiritual Initiation: Opening Your Higher Healing Abilities
People drawn to the field of acupuncture and Oriental Medicine tend to be those who march to the beat of a different drummer.
Correcting Rib Dysfunction: Improve Patients' Pain, Posture and Breathing
As chiropractors, we tend to focus on the spine, and rightly so. Many problems our patients face can be corrected by manipulating the correct spinal level.
Helping Patients With Parkinson's Disease
Parkinson's disease (PD), a long-term degenerative disorder of the central nervous system that mainly affects motor function, has a slow onset over time.
The Large Intestine Official
The large intestine (AKA colon) is the great eliminator, or as J.R. Worsley called it, "The Drainer of the Dregs." Dregs are defined as the remnants of liquid with its sediment left in a container, or the basest, least valuable portion of anything.
Chiropractic in Texas Is Under Attack
The profession of chiropractic faces an unprecedented challenge in Texas, an attack that is more aggressive, sustained and dangerous than anything previously seen. The medical lobby has launched a coordinated, multi-front assault.
Advancing the "Whole Organ" Spine Model
Historically, the human spine has been organized by body region utilizing specific anatomical landmarks and transition zones.
Getting Unstuck: Healing From Trauma With TCM, Qigong & Movement
We all come into this world vulnerable, with seeds to grow into our strength. Some of us — through a combination of good fortune (i.e., family and culture we are born into, constitutional inheritance, or ability to learn) grow with minimal interruption from traumatic injuries and experiences.
April, 2007, Vol. 07, Issue 04
Are You Under Contract?
By Jenn Sommermann, LCMT
Unfortunately, it's still not the norm for massage business owners to have employment contracts with their massage therapists. Although things are changing and employers are more informed than ever, the average business owner still does not protect themselves or their staff with a written contract.We previously have been a more lax profession and our personalities, by nature, are trusting and friendly. However, as our industry has become more professional and our business training savvier, we are starting to understand how important a working contract is. A handshake won't do the trick anymore. Every massage therapist should have a contract, either as an independent contractor or employee.
I wish I could tell you this is preventive in nature, and for the most part it is. But, as a business teacher and coach, I hear too many stories that prove how important this concept is. I was inspired to write this article because a former student called with his "nightmare story." It seems an entire staff of massage therapists was fired because they wrote a letter of complaint about a recent promotional venue at the spa at which they were employed. The spa offered a 50 percent discount during a two-week period, and the cut came strictly from the therapists' pay. When the therapists wrote a letter and complained, a meeting was called. That same day, the therapists (I think there were 10) were questioned, fired and told to vacate the premises immediately. My former student called me to discuss if this was legal. I asked, of course, if there was a contract.
The good news is that he said there was a contract, sort of. It came in the form of a 38-page handbook for employees. However, nothing was negotiated and there was no room for discussion. It was a "take it or leave it" handbook and had to be signed by the employee. There also was a clause in it stating the employer had the right to change things as they saw fit. The bad news is it wasn't really a contract and did not have the "right" information in it to support both the employer and the therapist. A truly fair contract will support and protect both parties.
I can't stress how important a contract is, as a starting place for negotiation and as a concrete design of what the working relationship and model will be for the duration of employment.
Here is where it went wrong. First, there was, in fact, information about promotions. However, it only stated that the establishment had the right to run them. There was no description about how they would impact the therapist or their pay. Often, promotions are run and the house takes the hit, or a combination of the house and therapist will be affected. If the massage therapist were to assume the entire financial burden, wouldn't you want to know that going into the job? That is not to say you wouldn't work for someplace that assigned the financial burden to you. Rather, the information would be helpful so you could budget and/or plan your finances. Perhaps you rely on other sources of income and two weeks of a pay cut are fine, if it brings in more volume and is good for business. The converse side is, if you rely completely on this one paycheck for your personal finances, this could be a problem. Maybe you could not afford such a change in salary. Either way, knowledge is power and it would be helpful to know for future financial planning.
Second, there should have been a paragraph detailing termination agreements. If the business owner wants to fire you and end your job immediately, that is their right, but it should be in writing. Similarly, what if you are not happy? Are you allowed to walk, or are you obligated to give some notice? I am not an advocate for walking off the job. I always think the right thing to do is give at least two weeks notice. Whatever you and your employer decide, it should be detailed in the contract. Wouldn't it be helpful to know these things before you start working someplace?
Lastly, how are disputes handled at places of employment? A good contract will detail this in the unfortunate event that it happens. How stressful is it to think you cannot have a voice at your place of employment for fear of losing your job? If something like this were made clear in the contract/handbook, perhaps there would have been a forum to vent their grievances instead of everyone being fired.
There are many other topics I would suggest for an employment contract. And when it comes to contracts, the more information there is the better. Take any uncertainty out of the employment situation and detail the working relationship and model as much as possible. I have detailed three topics for you, given the unfortunate example from my student. In addition, I have named the other two on my Top 5 and provided this list for your reference.
Topics for written working contracts:
This is not an exhaustive list, but it is a start. I strongly suggest you get your hands on The Business of Massage by the American Massage Therapy Association and use it as a resource. It's an excellent book you will use for years to come. As ambassadors for the field, we must encourage employers to have working contracts. If they don't, suggest it. Be proactive. Draw one up yourself. If they don't like it or won't sign it, ask yourself, "Do I really want to work here?"
Above all, protect yourself and stay focused.
Click here for previous articles by Jenn Sommermann, LCMT.
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