Is this unethical?

AggieCouple

We're about to wrap up the kids' swim lessons with their  instructor, whom we booked through our HOA's pool company.  We've paid in full for those lessons, so I consider that contract with the company complete.  

 I found out they only pay her $15 of the $40 we pay for each lesson.

 I thought about seeing if she'd consider just letting us hire her directly and pay $30 for both kids per lesson.  We'd save some, and she'd make double. Or are we obligated to continue giving the company its cut?

Marce921

I'd probably try it, but I'm guessing she has some sort of contract with the company saying that she won't do that. So, she may not be able to, even though it sounds like a good deal for both of you.

elm1032004

Provided you have a place to have the lessons I would ask her.  Would you still be able ot use the same pool?

AggieCouple

Yes, our neighborhood has 4 pools, so we could just use any of them, but I was considering using my sister's pool since the instructor actually lives in her neighborhood.

gibs

You ladies astonish me with your lack of real life knowledge and understanding of the way the world works.  This is not an ethics issue whatsoever.  It's a legal issue.  The question is whether you and/or the swim teacher would be in violation of the terms of the contract you signed if you hire her directly at this time, and even if so, whether the HOA cares and would pursue you for money if you do.  Read your contract.

 

 

DandR

Thats how we got our nanny...stole her from the daycare...It was NOT in her contract, or ours.  She made more, we paid less.

Shortly after we stole her, they did add it to the employee contract (she was still friends with people at the center).....lesson learned for the daycare.

Not unethical, but def. check contracts.

Emjay221

AggieCouple:

We're about to wrap up the kids' swim lessons with their  instructor, whom we booked through our HOA's pool company.  We've paid in full for those lessons, so I consider that contract with the company complete.  

 I found out they only pay her $15 of the $40 we pay for each lesson.

 I thought about seeing if she'd consider just letting us hire her directly and pay $30 for both kids per lesson.  We'd save some, and she'd make double. Or are we obligated to continue giving the company its cut?

Are they paying her 15$ per kid, because then she's already making the $30.  Or does she get an hourly pay no matter how many kids?  

Be careful that you don't get her fired.  

 

ccm1203

If you are using Community pools for the swim lesson then it is unethical, there are other overhead cost associated with that beyond paying the instructor and it is probably against the rules.    If you are going to use your sister pool I think that is fine. 

ridesbuttons

ccm1203:

If you are using Community pools for the swim lesson then it is unethical, there are other overhead cost associated with that beyond paying the instructor and it is probably against the rules.    If you are going to use your sister pool I think that is fine. 

I agree with this.  The HOA is not going to persue you on this matter, though the instructor may risk losing her gig depending on her contract.

veloelle

Using the HOA pools, yes. At a private residence, no, but only if she doesn't have a contract to be exclusive w/ the HOA.

Emjay221

ccm1203:

If you are using Community pools for the swim lesson then it is unethical, there are other overhead cost associated with that beyond paying the instructor and it is probably against the rules.    If you are going to use your sister pool I think that is fine. 

Her HOA fees pay for that overhead and the right to use the pool, but it will be pretty obvious is they see "swim coach ____" in their pool, doing a lesson off the books.  Use the sister's pool, and hope the girl doesn't blab. 

Lisa102304

veloelle:

Using the HOA pools, yes. At a private residence, no, but only if she doesn't have a contract to be exclusive w/ the HOA.

I was thinking this same thing.

If it is NOT in her contract (which would surprise me) - then use your sister's pool. No problems.

If it IS in her contract, she will likely get fired.

ccm1203

Emjay221:

ccm1203:

If you are using Community pools for the swim lesson then it is unethical, there are other overhead cost associated with that beyond paying the instructor and it is probably against the rules.    If you are going to use your sister pool I think that is fine. 

Her HOA fees pay for that overhead and the right to use the pool, but it will be pretty obvious is they see "swim coach ____" in their pool, doing a lesson off the books.  Use the sister's pool, and hope the girl doesn't blab. 

  Yes the HOA pays the overhead for the pool and upkeep of the area but there are other cost associated with having swim lessons there, additional insurance (liability) requirements, if she is an employee taxes etc.

shouldbworkin

gibs:

You ladies astonish me with your lack of real life knowledge and understanding of the way the world works.  This is not an ethics issue whatsoever.  It's a legal issue.  The question is whether you and/or the swim teacher would be in violation of the terms of the contract you signed if you hire her directly at this time, and even if so, whether the HOA cares and would pursue you for money if you do.  Read your contract.

 

 

Ditto this. Not ot mention that some of the money you pay is going to pay for insurance, g-d forbid something should happen to your DC while they are swimming in the HOA pool during a lesson sponsored by the HOA.  I cannot imagine they will allow you to have a private class in their pool w/o some insurance.  And, I think the swim teacher would not be smart to do it in a private pool w/o insurance.

bunny731

Not necessarily unethical. Depends on the HOA.  

I worked as a lifeguard and swim instructor at an HOA pool. However, the HOA also allowed us to provide private lessons in their pools, at our own rate, during off-hours. There are places that allow this arrangement.

BubblyToes

shouldbworkin:

gibs:

You ladies astonish me with your lack of real life knowledge and understanding of the way the world works.  This is not an ethics issue whatsoever.  It's a legal issue.  The question is whether you and/or the swim teacher would be in violation of the terms of the contract you signed if you hire her directly at this time, and even if so, whether the HOA cares and would pursue you for money if you do.  Read your contract.

 

 

Ditto this. Not ot mention that some of the money you pay is going to pay for insurance, g-d forbid something should happen to your DC while they are swimming in the HOA pool during a lesson sponsored by the HOA.  I cannot imagine they will allow you to have a private class in their pool w/o some insurance.  And, I think the swim teacher would not be smart to do it in a private pool w/o insurance.

Both of these.

Seriously.