Right now I work for my piano teacher. I teach some of her beginner students for an hourly wage. I have been doing this for about a year. For much of the year that I have worked as a student teacher, I have had various levels of dissatisfaction with my job.
What it boils down to is working at a job where I am not really earning money. Oh sure, I get paid for what I do, but when you factor in the cost of the lessons I take, it amounts to barely enough money to put gas in my tank every week :mad: . This in itself wouldn’t be a problem, if I knew that I would essentially be taking ‘free’ lessons in exchange for spending one day a week teaching beginner students. The experience of teaching is worthwhile and I am making a little bit of money on the side doing this. But people have not come through with their promises. I had been told that over time I would get more and more students, and make more money. This is true in theory, but in practice, it seems like for every new student I get, two more quit. Because I am a mere cog in the process, I have very little control over what students come in when. I would gladly take an additional day off from my other job to work all day teaching students, but the sad fact is that will never happen because in a year of working as a student teacher I have never had more than 8 students, and never worked more than 3 hours/week teaching. I would like teaching to be a bigger part of my week, I just can’t get people to join the program. I use word of mouth, and at my other jobs during casual conversations will mention that I teach beginner piano. If anyone mentions they are ‘looking’ for their child to take lessons, I am always quick to mention that I teach. More often than not, though, even if I refer them to the program that my teacher offers, they either A. Can’t come in when I teach, and therefore some other student teacher gains another student (and the extra $$$ that comes with it) or B. aren’t willing to go somewhere to take lessons, and would prefer a teacher that went to their house.
Lately I have had a couple of people that mentioned B. So I thought about it, and realized there is nothing stopping me from teaching them privately on top of the teaching I do at the studio already. However, while this is financially better for me (I make WAY more teaching them privately than through they piano program at the studio, and I have much more control over scheduling and whatnot) I do feel a little bit guilty, because this takes business away from the studio. Recently some parents who took their kids to the studio are going to quit so I can go to their house directly and give them lessons.
I’m assuming that you didn’t sign a contract with an exclusivity or non-compete clause?
If you offer them the opportunity to go to the school program and they decline because they want someone to come to the home, and if the school does not offer in-home lessons, then I don’t see a conflict of interest. You’re not preventing them from joining the school program. You’re not taking students away from the school (these people aren’t and wouldn’t be school students).
An employee owes a duty of loyalty to his employer, which includes a prohibition on competing with that employer while that employment lasts. Even without a written noncompetition agreement. (Those generally are designed to limit competition after the employment relationship ends.)
Random, if the students quit because they don’t want to attend in-school lessons, and made the decision to quit without any prompting from Incubus, and they want to take in-home lessons from Incubus, does Incubus have a legal duty to refuse them?
(standard disclaimer re legal questions applies as always)
I still wouldn’t see it as an ethical problem so long as Incubus wasn’t using his (I’m assuming “his” otherwise you’d be “Succubus,” right?) position to actively solicit students to leave the school and take lessons directly from him.
It’s a tough call. In theory, I agree with you, but in a real world situation, how likely is it that more than one studio student would spontaneously decide to quit, and simultaneously tell the teacher that the reason is the inconvenience of the studio setting, thereby allowing the teacher to inform them of his in-home alternative?
If it came down like that, each of the times, and the teacher could prove it, then he might be okay. But the more likely scenario is that our teacher somehow let the student know about his side business first. And that would be a problem.
Usual disclaimer. IAAL, but probably not licensed in your state. Even if I am, I’m not your lawyer, and this is general information and not reliable legal advice.
What if the parents approach me about it? As I said, the mom of the 2 kids who are currently piano students doesn’t want to drive. To use my services privately is an alternative, and at the same time, one of the only ways I’m going to make a reasonable amount of money teaching piano. The other potential student’s mom had thought about it, but decided it would be more convenient if I drive to her house. To be honest, I wouldn’t have had the huevos to come up with this on my own, if parents didn’t specifically ask me for my services.
The problem is that with my piano teaching job (and my tutoring job for that matter) I get absolutely zero benefit from referring students. With the piano job, I only get financial gain if they become my students, and due to my schedule that isn’t always possible. At the tutoring job, there is no current incentive to refer new customers.
I’m getting to a point at both of these jobs that doing a little freelancing on the side is the only way I can make more money, because both jobs I’m working as much as my schedule allows.
Sorry, Incubus, I’d like to help, but answering your question would be uncomfortably close to giving you legal advice about a specific, real world situation, and I can’t do that.
It doesn’t much matter how it happens. I’m just applying the test of “can you reasonably discuss this with your employer?” If it makes you nervous to do so then it’s probably unethical. It may not be illegal, depending on your local laws and what contracts you may or may not have signed. I think the ethical thing to do would be to discuss the situation with your employer, particularly if your unhappy with how things are working out for you economically. Maybe they’ll surprise you and work something out with you to continue to teach in homes. Maybe they’ll let you go. If you think it’s the second then I’d look into other, more flexible schools and offer to teach freelance for a higher percentage of the student’s base fee.
I think your first step is discussing the idea of freelancing with your studio, Incubus. It might make your decision very clear. Don’t give any specifics, just say you’re thinking about it, but want to avoid possible conflicts of interest. Their response could clear this all up.
Frankly, I think the first time it came up he should have gone to his employer and discussed the situation. In that case most employers shouldn’t have a problem with the employee and should appreciate their candor. In the rare case that the employer reacted differently I’d say you’re better off not working there anyway. But if you are hiding something from someone, that’s a clue that you either feel guilty or there is some other issue there. He may indeed not be guilty, but I wouldn’t want someone working for my company that couldn’t discuss this openly with me. It reeks of rationalization.
Hairstylists are often in similar situations. This is the “code” that the hairstylists I worked with followed:
If you are doing your family and friends at home, continue to do so. They would not have come into the salon anyway, you are not taking anythingn away from the salon owner.
If you meet a client at the salon and she wants you to start doing her hair at home, you decline. She was first a client of the salon, you would be taking away business you did not generate. If she tells you she won’t be coming back the salon anyway, you still decline. You don’t make money off of people you meet from the salon. They are considered the salon’s.
If you make a new friend, and they want you to do their hair at home, fine. They wouldn’t have been going the salon anyway, you are taking nothing from the salon.
If you meet someone and mention where you work, and they say they were considering going there because they saw an ad, or live nearby etc, then you encourage them to come in and ask for you. You don’t tell them you do hair at home, that would be taking potential business from the salon.
These guidelines worked well for us. My suggestion would be to not take any students that you met through the school you work at. Tell them you are unable to take students you met through the school. I think they could understand the conflict of interest.
You might also consider asking for a “finders fee” for any new students you bring into the school. Something like one free lesson for every new student you recruit, or whatever would be appropriate.
Which is why I am keeping my mouth shut until I decide what I am going to do. I’m not going to risk jeopardizing what little I make on this job telling my boss I ‘might’ have an opportunity to teach lessons outside of the studio; for all I know the parents might balk and the only thing I’d have for my honesty is being out of a job on top of the other students I was hoping to teach on my own.
On the other hand, if students keep quitting on me as they have been lately, I would have very little to lose bringing it up with my master teacher… :dubious:
Dude if you want to go into business for yourself your going to have to be a little more ballsy. IF it were me I’d stop pining over wheather it’s a conflict of intrest or not. You’re not breaking any laws here.
It’s called capitolism. Get out there and bring those students in!!