03x51 - Barbershop Battle and Dental Adventure in Colombia

[bunniefuu]

You have a barbershop business.

The defendant left your employment.

Correct.

I opened my own business.

You signed this non-compete agreement?

Yes, I did, but under duress.

You cannot open up a competing business


This is crazy.

That's what she's entitled to do.
She's the boss, applesauce.

[narrator] This is Judy Justice.

[opening theme music]

Nichole Missino is suing
her former employee, Felicia Stella,

for breach of contract, slander,
and loss of income.

[Kevin] Court come to order.
All rise.

Have a seat, please.

Hello, Judge. Case number 3095,
Missino vs Stella.

-Thank you.
-You're welcome.

Ms. Missino, you have
a barbershop business.

-Correct.
-How long have you had it?

Since 2016.

How many people
did you have working for you

when you had
the most people working for you...

the most barbers working for you?

Currently, right now
I own two barbershops,

and right now I have eleven employees.

When did you purchase the second shop?

The middle of December.





The defendant worked in the initial shop.

-That's correct.
-Starting when?

In 2017.

Until when?

Until August 6, 2022.

From what I read,
all of the people that worked for you

up until a particular time... and that
would probably be around 2022...

were 1099 employees, which means
they were independent contractors.

So, at the end of the year,
you gave them a Form 1099,

-and they took care of their own taxes.
-Correct.

At some point, according to you,

-you decided to make everyone employees.
-Correct.

And at that time, you also decided to have

all of your people sign agreements.

And the agreements provided that they
could not open up a barber business

-within a certain radius of your business.
-Correct.

The defendant left your employment
and opened up her own barbershop.

Correct.

-She left your employ on August 6, 2022?
-Correct.

And when did you open up
your own barbershop, Ms. Stella?

October 25, 2023.

-[Summer clears throat]
-October 25...

Oh, no, I'm sorry. It was 2022.
I apologize.

May I see a copy of the contract
that you had with Ms. Stella?

Because what you're suing for
is breach of contract.

-Correct.
-This contract.

And slander.

[chuckles]

Well, you signed this agreement, madam.

-Yes, I did, but under duress.
-Okay. Just a second.

I didn't ask you...
you signed this agreement.

I mean, I understand what you're alleging.

You're alleging
that you signed it under duress.

Now, Sarah, would you look up for me
"non-compete agreements"?

-Pennsylvania.
-Sure.

The Pennsylvania laws on the parameters
of a non-compete.

-Sure.
-How many miles...

It's 3-5 miles
in the state of Pennsylvania.

Oh. Well, that's what Sarah's gonna check.

I'll let you know.
Give me one second.

Okay. So you signed
this non-compete agreement.

It is your defense
that she threatened to terminate you

if you didn't sign it.
That's your defense...

-No, I didn't.
-...to this.

And more.
There's more than that, as well.

But that's your defense
to signing this agreement.

That either you sign it...

Yes, ma'am.

-...or I'm gonna fire you.
-Yes, ma'am.

Well, that's okay. She can do that.
It's her business.

In the state of Pennsylvania,
there's contract law.

There's three things that go with that.

There's an offer and there's
an acceptance and consideration.

Let me explain something to you.

The laws of contract in every jurisdiction
are the same.

There has to be, initially, an offer,
an acceptance, and consideration.

-That forms the basis of any contract.
-Yes, ma'am.

There is an offer, an acceptance,
and consideration.

-No.
-Absolutely. There is here.

It's not as if, Ms. Stella,
she said to you,

"If you don't sign this agreement,

I'm going to amputate your arm
at the elbow."

-Okay.
-That's different.

She's allowed to say to you,

"I'm not hiring anybody
or maintaining in my employment

anybody who doesn't sign
a non-compete clause."

They're perfectly valid.

Okay.

And she's allowed to say that to you.
You're allowed to leave. This is America.

And she's allowed to fire you.
She's the boss.

She's allowed to say to you,
"In my shop, from now on,

everybody has to wear a uniform."

"I don't want to wear a uniform."
"Then you're fired."

[laughing]

You don't have a right to a job unless you
meet the requirements of your employer.

The only question I have is
how many miles?

So there's not a set radius.
It's all about reasonableness.

The geography must feature
a limited geography.

For example, within a defined area
such as a city.

Normally unenforceable
to prohibit employees

from working for any competitor
across the country.

-No, that's too onerous.
-Exactly.

But as long as it's a defined geography,
it tends to be reasonable.

Okay. So what you're saying, Ms. Stella,

is that you have proof
that in the state of Pennsylvania,

it has to either be three or five miles.
It can't be both.

It just says
"between three to five miles."

And I do not have that proof.
I apologize.

How many miles is the shop
that you opened up from her shop?

It's 2.8 miles away.

-Well, that's too close, madam.
-Mmm.

She's absolutely right.
You breached her contract.

Okay. If I took her clients.

No, no. You breached her contract.

It says that you cannot open
a competing business for five years.

[scoffs] For five years.

You certainly fall within the radius.
You violated this contract.

Okay.

-She's absolutely right.
-All right.

When you left in August 2022,

where did you go?

I left. I didn't have anywhere to go.

So when was the next time you worked?

When I opened my own business.

And when you opened your business,
that was three months later.

Yes, sure was.

Don't be snippy, Ms. Stella.
It was three months later.

How many of her barbers came with you?

-Three. Four of us.
-Three.

Three. Four total.

Four total. You and three others.

Mm-hmm.

-"Uh-huh" is not an answer.
-Yes, ma'am.

-Yes is the answer. Yes is an answer.
-I'm sorry, ma'am.

And the three others... did any of them
come from her shop?

Yes, ma'am.

Okay. Well, it's a breach of contract.
It's clear.

-They all left on their free will.
-Okay.

I can't... [laughs] I apologize.

Breach of contract.
You have a counterclaim,

which is interesting.
And your counterclaim

is for money owed
for defamation of character,

slander, harassment,
and emotional distress.

-Yes, ma'am.
-I'm not interested in

-the signing of this agreement.
-Okay.

I'm interested in how you claim
the plaintiff defamed you.

Well, her and her husband had
a whole conversation about me on Facebook.

Just a second.
I'm not interested in her husband.

I'd like to see what you claim she did
to defame you.

She proceeded to write emails
to my family, and...

Just a second.
All I have to do is see

what you claim she did to defame you.

Um, it says that I have...

Kevin, could you please get what she says
she believes is actionable.

-It may be.
-She said I was stealing company time.

Hold on.
Could you please just hand it to me?

Yeah.

-That I've been manipulating people.
-Shh.

-Your Honor... [laughs]
-Don't speak.

-Julia. And who's Julia?
-My sister.

Okay. You wrote an email to Julia.

-I wrote a heartfelt email to Julia.
-Shh. Just a second.

Who cares? Next.

-I do, because I'm a recovering addict.
-Just a second.

And for you to go out
and say those things...

She's allowed to write
a private communication

-to somebody that's not published.
-To a third party?

That's not published.
You say she's defamed you publicly.

She's allowed to write whatever she wants
in a private letter to somebody.

She stopped a police officer
and a lawyer on the street

and told them that I was using drugs,
actively using hard drugs.

Just a second. If you have
that person here, I'll actually hear them.

But you don't.
I'd like to see what you claim

is actionable that she wrote about you.

You said she posted something on Facebook.
Well, Facebook is a public forum.

A letter to your sister
is not a public forum.

All I care about is what she wrote.

-This is it. This is it.
-Fine.

Oh. She says, "The cancer is gone and the
entire aura of the shop has changed.

The dark cloud is gone.
It's almost a clean slate.

With your new employees,
you can expand and turn Giovanni's

into a barbershop powerhouse
it was meant to be."

What defamation is that? You talked...

They... [laughs] The "cancer."
Like, I'm not a cancer.

-Okay.
-This is crazy.

She went around and told people that
I was actively using hard drugs, ma'am.

Madam!

[laughs] Okay.

You're entitled to fire
anybody that works for you.

I could look at Kevin,
and I can say, "You know what?

Last year, I loved you.
This year, not so much. You're fired."

[audience laughing]

[narrator] And later today...

After they said the price was different,

I told her no.
I said, "I'm not gonna do it."

Not in these emails.

You got the teeth.
She got the bill.

I told her not to do it when it happened.
I said no.

You had to go like this...
look at me.

You had to go like this...

[narrator] Nichole Missino claims
her former employee, Felicia Stella,

breached their contract
and stole her customers.

Felicia is countersuing for harassment,
slander, and defamation.

If you bring me a witness,
I will hear you.

I'm not hearing what she told
a policeman on the street

or what she told strangers.

Nothing that you've shown me
that was published is defamation.

What else?

I was countersuing
also for mental anguish.

Your Honor,
I am a recovering heroin addict,

and I am open about that.

-And I tell people.
-That she's using drugs.

Shh! Just a second.

You have to understand
I didn't say that...

and good for you
if you got your life back on track.

Terrific for you.

But in order to have emotional distress,

you have to have somebody who's guilty
of something that's ill*gal

or against the rule of civil law.

So far, you have nothing.
This doesn't say anything.

That "the cancer is gone
and the aura of my shop is now different."

You may have been hurt about it,

but that's not actionable.
Do you understand?

I do. You know, I thought
because there was a full conversation...

That was my misunderstanding...

that there was a whole conversation
between her and her husband

on social media with my name in it.
So that was...

Sorry.

And you breached
your contract, Ms. Stella.

Your Honor, may I say something?

About what?

About the contract, and... because I am
also a former employee of hers.

No. You can't.

-Did you sign a contract?
-I did.

She threatened to fire you
if you didn't sign it?

Correct.

That's what she's entitled to do.
She's the boss, applesauce.

She's the boss.

People in this country think
that they're entitled to jobs.

Once you have a job,
you're entitled to keep it.

-Pay attention.
-Am I allowed to say anything?

You're entitled to fire
anybody that works for you.

I could look at Kevin, and I could say,
"You know what?

Last year, I loved you.
This year, not so much. You're fired."

[audience laughs]

He has a contract.
I have to pay him out of his contract.

I would never say that to him
because I adore him.

[audience giggles]

But he's capable of being fired.

He's capable of being fired
for any reason other than

a violation of the Constitution,

which means you're being fired
for race, religion, sexual orientation...

probably a couple of other things
that I've forgotten,

some of which I think are
absolute nonsense.

But they're entitled to fire you
if you refuse to sign

an agreement that prohibits you
from stealing their clients

and their employees.

-They're absolutely entitled.
-We were independent contractors.

I was an independent contractor
for eight years.

Tell me how they were her clients.
They were not her clients.

You violated the terms of the contract.

You cannot open up a competing business


-within three months...
-She tried to make me unaffordable.

Judgment for the Plaintiff
in the amount of $10,000.

Your counter claim is dismissed.
We're done.

[Kevin] This court is adjourned.

Apparently, I was a cancer
that worked there.

Apparently, people didn't like me.

I think it was very fair.
She signed a non-compete.

When I quit, so did five other
of her staff members.

She turned all my employees against me,
and she staged a walkout

and took them because I was
making changes to my business.

We're doing great.
We're thriving, we're growing.

And things have just been beautiful.

You know what?
May the best business win,

because she pushed me to go further.

I opened up a second barbershop,
and, bye, Felicia.

You know, I still can't get
past the fact, Sarah,

that in this country now,
there's a sense of entitlement

that once you start a job...

for a reason, a non-reason... we're not
talking about the violations of...

-The Constitution.
-...the Constitution.

-We're talking about...
-Parameters set by bosses.

...parameters.
You have to be in at nine o'clock.

Well, I can't because I get up late.

I'll stay later.
I can't be in by nine o'clock.

You're fired. Period.

-That's... [laughing]
-Yeah.

I want you to continue to be my employee,

but we're changing
from 1099s to employees.

If you don't sign this agreement,
you're fired.

Yeah. As soon as I read the papers,
I knew the defendant had misunderstood

-the definition of duress.
-Yes.

Because it was smeared all over her answer
that "I only signed it under duress."

"Duress" this, "duress" that.

Well, being offered the handbook
of the place in which you were employed

and being offered the choice of,
'"These are the new requirements...

-if you like it, great, sign it...
-If not...

-"...continue working. And if not...
-Adios.

-Goodbye."
-Yes.

And that's perfectly reasonable.

Yeah. But don't sign it
and then go off an open up,


and take three people with you.

Yeah. That's a no-no.

Case number 3033,
Helminen vs Allen.

All parties, please step forward.

[narrator] Mary Helminen is suing
her ex-boyfriend, Lamar Allen,

for the balance
of a cosmetic dental loan.

-Pronounce your last name.
-"HEL-min-en."

Mr. Allen was your boyfriend
for a period of time?

Yes.

It doesn't appear to be
a long period of time.

-A relatively short period of time.
-Mm-hmm.

I think if my memory is correct,
you met him in October.

-Online.
-Yes.

And by December,
you were planning a trip to Colombia

in order to have dental work done there...

-cosmetic dental work done.
-Yes.

You requested, according to what I read,
that he join you.

-Yeah.
-Would it be fair to say

that at some point, you said to him

you're really not comfortable traveling
to South America by yourself?

Yes.

And that you would feel more comfortable
if he came with you.

Yes.

In the time... October, November, December
of last year...

what kind of work were you doing?

I'm a nurse practitioner.

How long have you been doing that?

Since 2017.

What kind of work do you do?

I'm a firefighter.

Now, Mr. Allen, I'm going to come to you.

The Plaintiff, a very lovely looking lady,
wanted to get laminates.

Laminates?

-Porcelain.
-Porcelain.

-Perfect.
-[Lamar chuckles]

-I come from a long line of dentists.
-[Mary] Okay.

I was very bad in biology and chemistry,

so I went to law school.

[audience laughing]

-Mr. Allen...
-Yes.

You have very nice teeth.

I appreciate it. Thank you.

Who paid for them?

Mary did.

So, Mr. Allen, what I want you to do
is explain to me...

I understand that the Plaintiff
was going to Colombia

to get her dental work done
because it was cheaper there.

And that you were short-term
then boyfriend,

-which is over now, I assume.
-Yes. Correct.

I want you to tell me how it came about

that you went to Colombia with her
and got your teeth done.

Okay. Never thought my teeth was an issue
as far as dating.

Then, we got there to Colombia.

So you didn't discuss your teeth
being done before you got to Colombia?

Correct.

You're kidding me.

Correct.

You were just gonna go.
Who booked the tickets?

Mary did.

-Who paid for them?
-Mary did.

Who booked the hotel?

Mary did.

Who paid for the hotel?

Mary did.

-We did talk about it before.
-Shh. Just a minute.

Mr. Allen, I want you to be
very, very careful with me

because I read her complaint
and I read your answer.

And the complaint suggested
that you had a price for your teeth.

-Yes. Yes.
-Before you got there.

Well, if you had a price for
your dental work... cosmetic dental work...

before you got there,

you had to have had some discussion
about paying for it.

Mm-hmm.

-"Uh-huh?"
-Yes.

Yes. Well, tell me
what that discussion was.

After she brought it up,
then I researched for us.

I sent them information for us
with my teeth as far as how much...

Okay. So you researched it.

-She gave you the name of...
-The people... the dental...

...the people she was going
to see in Colombia.

Correct. I was writing them
back and forth.

How were you writing?

Through Instagram. They had a page.

Okay. So who was writing them?
You were writing them.

-Yes. Correct.
-Okay. So, then, it's a fair statement

that you had a price from them
before you went there

-Yes.
-Now...

How much was your dental work?

$4,200.

Ultimately, how much was your dental work?

It came to $8,000.

How much were you quoted before...

in this back-and-forth Instagram
you were doing...

how much were you quoted?

It was roughly around $6,000
they quoted me.

Let me see.

-I don't... I don't have them with me.
-Why not?

Where did you think you were going today?

[audience laughs]

I was paying her back and... 'cause we're
together, we're a couple.

Yes. Then you were a couple.
Now you're not a couple anymore.

Someone else is gonna look
at those pearlies and say I love you.

-Do you understand?
-[audience laughing]

[narrator] Mary Helminen claims
her ex-boyfriend, Lamar Allen,

owes for the balance
of a cosmetic dental loan.

I'd like to see any evidence
that you have.

-You have nothing.
-I do.

What is that that you're showing me?

So, I have the credit card information.

I don't need the credit card information.

-You paid for him.
-Right.

-And you paid for him in December 2022.
-Yes.

You paid for him to go.
You paid for his...

I want to see something from December 2022

or January or February.

Now, when did you break up?

We broke up in December.

In December when you came back?

Yes.

Okay. Something either in December,
January, or February

where you ask him for the money
that you claim that he owes you.

-Show me.
-Okay.

-Text messages...
-I have a lot of that.

Good. I'd like to see them.

[Mary] Okay.

Thank you.

-The dates are on the top.
-Shh.

"Yes, I'm definitely going
to pay you back.

I'm not going to leave you hanging,
especially not owing $8,000. Seriously."

Is that what you wrote to her?

Yes. I said I was going
to pay the difference.

No. That's not what you say here.

-I know. But I...
-That's not what you say...

I said that just to get her off my back.

"I'm definitely not... I'm definitely..."

She says, "Take out a personal loan."

You say,
"I'm definitely not gonna do that."

-Correct.
-"I'll start paying you off."

-Correct. I was to pay the difference.
-Or I'll start paying the credit card.

She said, "I paid the credit card off."

"Yes I'm definitely going to pay you back.
I'm not going to leave you with $8,000."

"Well, then, start.
I'm not playing your games.

I did you a favor."

What's a "Meeks?"

Oh. It's my dog.

So your dog got lost.

-Yeah, my...
-And that was your priority in February.

Yeah. Of course.
My dog was my best friend.

"Twenty weeks from November.
That's when you told me.

So hopefully it will be April."

On April 19, though, that's when you
told her you'd be able to pay her back.

-Yeah. 'Cause the IRS gave me the date.
-I don't care.

Well, there's no question,
based on this, sir,

that you agreed to pay her back $8,000,
which is what your dental bill was.

Ma'am, first I didn't want to get
them done when I got there.

-What?
-I said I did not want to get them done

when I got there.
After they said the price was different,

I told her no.
I said I'm not gonna do it.

Like, "I'm not gonna...
I'm not gonna make you pay that much."

So, I told her no.

Not in these emails.

You got the teeth.
She got the bill.

I told her not to do it when it happened.

You had to go like this...
look at me.

You had to go like this...

No. She agreed.
[overlapping talking]

She said, "I'll pay for them."
She said, "Well, we're already here.

I'll pay for them."
I said no.

"I don't want to do them.
It's too much money." So, I said no.

Listen to me. You said no.
You had to go like this...

But she said...
she said, "All right, do it."

She said, "Oh, I'll pay for it.
Don't worry about it.

Just pay me whenever you get your money."

[sighs]

So, I agreed in paying the difference,
which is like three grand.

Like, I'm not going to pay her
the whole eight grand.

She may have found you adorable.
Other people may find you adorable.

Me, not so much.
Maybe because I'm old.

You told her you were going
to give her back the $8,000

that it cost to do your teeth.

You told her that in February.

You said, "I'm going
to give it back to you.

I'm just waiting for my refund check
from the IRS."

Then it was your dog that got lost.

-Did you ever find your dog?
-Yes, I did.

Oh, that's good. I'm happy for you.

-I appreciate it.
-And I'm happy for you

that you have nice new teeth
and that you have a nice smile.

You owe her $8,000.
Did you have a nice trip to Colombia?

She flew you there.
She put you up in a hotel.

I don't know who paid for the meals.

I paid for the meals. I paid for
everything prior to that and after that.

Like, I was paying her back, and...

'cause we were together.
We're a couple.

Yes. Then you were a couple.
Now you're not a couple anymore.

Someone else is gonna look
at those pearlies and say I love you.

Do you understand?
You have to pay for that.

You know?
You have to pay for that.

You're a responsible man.
You have a responsible job.

Take care of yourself.

-I am taking care of myself.
-That's what you're supposed to do.

No. If you let a woman take care of you...

-No woman takes care of...
-It's not that...

If you let a woman take care of you,
you're not taking care of yourself.

You're a big, strong guy, and you told her
you were going to pay her.

That's what you did,
so you gotta pay her, Mr. Allen.

You have to stop being a big baby.

You have to pay her.
Judgment for the Plaintiff

for the amount of $8,000.
We're done. Thank you.

[Kevin] This court is adjourned.

I said... no one was there...

I said, "Well, I'll just pay you the
difference, not the whole full amount."

I'm happy with her decision.
It was fair.

She said, "Well, I'll pay for it.
It'll be a gift for you."

So, I was like, "Okay, then.
Well, I'll do it."

I would have never given him
$8,000 for free.

I guess everything changes
when you break up.

I was really patient with him
in paying me back,

and I've never seen a cent.

Don't trust women.

He's got his teeth forever, you know?

I got a great smile,
so I guess that's okay.

I'm not gonna buy anyone teeth.

I think it's always risky
to go to another country

for any medical procedure.

I mean, I'm familiar with U.S. laws.

Not so familiar with Colombia
or anywhere else.

Or the guarantees
for any sort of health procedure.

I mean, worst case scenario,
you don't come home.

Best case scenario,
you have cheap dental work.

Or cheap cosmetic...

Exactly. Any type of surgery.

But it's always a risk.
In multiple forms...

in your health, in your
payment of money to another country

that you're unfamiliar with their entire
banking system and how that works.

I just... it seems very complicated.

They're very complicated.
And I don't know if you remember...

Recently, a group of women
went to Mexico...

one of them went to have
some cosmetic procedure...

-and it was dangerous there.
-Yeah.

-And one of them ended up not coming home.
-Exactly.

At the end of the day,
he has the teeth.

-He has the teeth.
-She has the credit card bill.

Now, at least, she's repaid.
And I understand why some people...

with the cost of medical cosmetic
work here in the United States...

would feel compelled to look somewhere
to get it done cheaper.

-Sure.
-And you know,

most people who have
any kind of cosmetic work done...

whether it be dental or otherwise...

interview the doctor or dentist before,
have consultations...

There, you're just going
and saying, "Here I am.

-Fix me."
-It's risky.

And I think that's
a very risky thing to do.

Although his teeth looked terrific.

[narrator] Have you been cheated?

[end theme music]