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Who do I betray, my boss or my co-worker.
I'm a dance teacher. There are three of us that teach at the studio. Two of us do not yet have our dance degrees and the other does, so she holds all the power. We have all become very good friends working together over the last six years and we very often socialize outside of dance. We also all work at the same restuarant during the summer and holidays when we don't have as many dance classes.
I feel indebted to our studio owner because I've always wanted to teach dance and she gave me that opportunity. Over the past four years she has been splitting her time between her boyfriend in Florida and the studio in Virgina. She has let the business slip and the teachers have taken on a lot of the business aspects that she should be taking care of without much appreciation from the owner.
The teacher with the dance degree has decided to open her own studio and wants me and the other teacher to go with her beginning next year. The owner decided to move to florida full-time without this knowledge. Since the move last month she has decided to ask us to sign a non-compete contract for two years past the ending date of the contract (May 2011). I understand her concern now that she's away but that's exactly the problem...she's away.
I feel guilty for not telling her what's going on and just letting her move to Florida without "warning" her of what's going on but it's not my place to tell her. I can't sign the contract because then I will not be able to work at the new studio. We are sure that over 90% of the students will follow us to the new studio but I will be making less money because she will be hiring an extra teacher. If I do sign the contract I'll be making far less money because the enrollment at the current studio will be almost non-existant. I feel like the other teacher is asking too much of me to not tell the owner and just expect me to go with her but that's what I have to do if I want to make any money (which I of course need to do to sustain food, clothing and shleter). I am feeling incredibly guitly and the owner is starting to ask questions about why we haven't signed the contacts yet. Help! What should I do. I'm stressing over this far too much. It's consuming my every thought and I have to talk to the owner soon. What do I say?
Thanks for your help!
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Your gut is bang on: It is the other teacher who is demanding too much of you to keep this from the current owner.
However, that doesn't mean you should to sign a do-not-compete. That is also a rather extreme request.
Of course, you are still in a hard place, and I don't think any advice would be perfect, but here is what I'd try to do in your position.
First, I'd tell the other instructor that you've been loyal to her this far, but that her refusal to tell the owner what is going on is now putting you in the middle in an uncomfortable (and unfair) position.
This might not change her behavior, but at least you will have stood up for the truth: The truth is she has put you in a tight spot, and it's not kind of her.
Give this other dance teacher as much time as you can manage, and hope she fesses up.
If she doesn't - tell your boss in Florida as much truth as you are able too: That you do not feel secure enough in your current job to sign a do not compete clause. Also let her know how grateful you are for the chance to teach, but that with her moving away and all of those changes at the studio, you think it would be dangerous to your fledgling career to lock yourself to a studio that ONE, does not provide you with full time work all year round and TWO, might undergo even more changes in the next year. Tell her you are happy to fulfill the rest of your contract as it was originally written and think about a do not compete clause next time your contract comes up.
I know it doesn't help much, but this is 'just business' and in 'just business' you need to look out for number one. Signing a do not compete clause with a business were the money you make could easily change as could here, and whose owner just moved out of state is not a good move for a young teacher, especially when that work isn't full time to begin with.
I'm sorry I don't have a fool-proof plan for you. There are lots of ways this could still blow up in your face and end badly. All I've suggested here is how I think you can behave ethically and properly, without risking your own neck too much.
Good Luck.
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I can well imagine the stress you are under!
I tend to resist things like "no compete" contracts on general principals, to begin with.
The owner wants to demand a loyalty that is not there because she is not there and she has been expecting extra work from people with no extra compensation. She wants to continue to receive a lot of money from this business while putting in even less time than she does now. She should sell the business, but she's trying to wring every dollar out of it that she can.
I think you should express your great appreciation for her giving you a chance, but explain that no, you will not sign this contract because you want to have all options available to you. The thing is, you have to be willing to live with her choosing to fire you if you don't sign.
Good luck.
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