Public Mediation

Herbal Therapy Wraps Dispute

T. P. vs. Herbal Therapy Wraps
932 E Tallmadge Ave, Akron, Ohio, 44310-3514, United States
    • Claimant Seeks: View.
    • Claim #: 3349619
    • Amount Involved: 2,791.00
    • Filed On: Sep 14, 2015
    • Posted On: Oct 02, 2015
    • Complaint(s):
      • Damage to reputation
      • Salary / Benefit issue
      • Problem with a product
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Statement of Claim
Claimant says:
"September 14, 2015
Better Business Bureau Formal Complaint against Kay Bailey and Joe Favaro Owners of Herbal Therapy Wraps

1. 932 E Tallmadge Ave 2.7511 Mentor Ave 3. 26745 Brook Park Ext.
Akron, OH 44310-351 Mentor, OH 44060 North Olmsted, OH 44070
To Whom it may concern:

I am a Holistic Health Advisor and a well respected business woman. I went to Herbal Therapy Wraps (HTW) as a customer from a groupon. After my experience I thought what a great place to work because it was holistic and a way to help people not only with losing inches, but their health issues. I took a position at Herbal Therapy Wraps because I wanted to learn how the wraps benefit folks from a health standpoint and it was flexible with my schedule.

During the month I worked there I sold 10 packages at $279 for 6 body wraps 9 wraps for the folks I was training on. At one point I was reading the label on the herbal solution (see attached) and noticed we were mixing the solution incorrect. The label reads Mix (1) ONE cup of solution to (1) ONE gallon of water. Our sign hanging up in the laundry room where we have the roasters for the wraps and solution clearly reads (1) ONE cup of solution to (1) ONE bucket of water (see attached). When I asked the owner Kay about it she blew me off and said "that just says that; we have a special solution." She then accused me and another employee of stealing the solution because we were going through it to fast. Needless to say I was astounded by this charge and walked away as the other employee confronted Kay.

On Thursday, August 13, 2015 I called Discount Distributing Body Wraps (DDBW) where HTW gets their solution and spoke to the owner Alice. I had 4 witnesses with me during this conversation with Alice on speaker. When I asked about the different solutions she sells she explained the difference between them. I then asked about the mixing ratio of solution to water. Then I asked if you can mix 1 cup of solution to 5 gals of water and her response was "absolutely not! It won't do a thing that is 640 oz do you know how much 5 gals is?" I then asked if there was a special solution that can be mixed that way and she said no. Then she insisted on knowing what company was doing this and I told her. She seemed to be surprised and knows Joe the other owner of Herbal Therapy Wraps very well. She also confirmed during our conversation that she ship's the solution directly to the 3 locations (North Olmsted, Mentor and Akron). I also confirmed with the other employees that the solution comes directly from the distributor and that it's not shipped to Kay or Joe first. After learning this I resigned to my manager and explained why. I have very strong business ethics and my integrity is everything. I feel we are outright steeling from folks and I will not have my reputation tarnished because of the unethical business practices by Kay and Joe the owners of Herbal Therapy Wraps.

On Wednesday, August 12, 2015 before I had the conversation with Alice from DDBW I received my check and noticed it was short again; a total of approximately $240 between my hourly pay and commissions. This is just one part of our conversation: I spoke to Kay about why I was shorted in my pay and she explained that it's there policy that she deducts 15 minutes a day for breaks, plus 30 minutes a day if you work 6 hours and 1 hour if you work 8 hours she said it is the law. I explained to her that I was senior management with a Corporate America company and the law is that the employees are entitled to a 15 minute break, and a 30 minute lunch if they work 6 hours and 1 hour lunch if they work 8 hours. NOT for her to deduct that amount especially if the employees are not getting a break/lunch. I brought to her attention if they are going to have a policy like that it should be in writing and verbally explained to the employees and not a surprise when they receive their checks. I then continued to explain that we are so busy we never get a lunch or even a real break. Kay stated that she doesn't know who works hard and who slacks so she needs to deduct from everyone's pay so she won't get in trouble. I then explained to her that as a business owner she needs to be fair, firm and consistent across the board and I understand that, but I completely disagree with how she is going about it because what she is doing is not right. She expects her employees to work hard for her and make her money while she is taking their hard earned money away unrightfully. I then said, so what you are saying is that we should block time out in the schedule so everyone will actually get a break and lunch and she said, I wish you guys would do that. When I spoke to the other employees about blocking time off I was told they have tried that but Kay will go in and schedule wraps so we never get a break or a lunch.

On Monday, August 17, 2015 I wrote Kay a letter I sent it via text and in the mail (see attached). I wanted her to do the right thing and reimburse the folks that I sold or was part of in selling a package to. In there I stated that I found it very sad that she has a business where she can help people and yet she is outright steeling from her clients. Also, I told her that the money she shorted me we can call it even. I explained my conversation with Alice from DDBW and I gave her one week to refund the 10 people their money.

On Tuesday, August 18, 2015 Joe the other owner of HTW called me at 11:24 a.m. His voicemail clearly says that he is the Director and he understands that there is a dilemma in Cleveland and he wants to pay me the money I was shorted and that I should be aware of certain things such as he tweaks the solution that is proven and tried by a biologist. I know this to be an utter lie because of the confirmation I received from Alice at DDBW, the other employees and what I personal observed during my employment there. I would only have a conversation with Joe if I had witnesses present and after several times playing phone tag with him and now more than 3 weeks later; nothing has been done to correct the wrong to the clients I am filling a formal complaint with the BBB, a write up on Glassdoor along with other social media to make folks aware of the unethical business practices in the hope to prevent others from being taken advantage of. I stated in my letter to Kay that this doesn't need to get ugly. All I'm asking is for her to do the right thing and refund my clients. Unfortunately they did not.

On Tuesday, August 20, 2015 I was informed that they received extra dry herbs to add to the solution mix. First, this is Kay and Joe admitting they are not mixing it correct because if it was right to begin with there would be no need to have extra herbs sent. Second, it would have to be a lot of dry herbs to add to each batch if they didn't change the ratio. Lastly, according to Alice the owner of DDBW the only way they can stretch the solution to water ratio by maybe 3 gals would be if we were rubbing the miracle gel on everyone before we wrap them. This still isn't being done.

On Monday, August 24, 2015 one of the ladies I am trying to get a refund for called me to tell me about her conversation with Joe. She was very disenchanted by him. She stated that he would ask her a question and then talk over her. At one point she said " please allow me to answer the question or do not ask." He kept repeating endlessly what a great product they have and how they've been in business for 18 years. He also said, I was a disgruntle employee because of a misunderstanding with my pay and how he should contact his attorney and sue me for defamation of character. I assume by that statement Joe is unaware that it is only defamation of character if it is not true and I believe with the witnesses and the documents I provided proves that what I am saying about the poor business ethics and lack of integrity by Kay and Joe both is precise. Also, If I were a disgruntle employee because of my pay I would have insisted on getting what was owed to me. Instead I said we can call it even. All I wanted was for my clients to be reimbursed.
If you require further information or have any questions please feel free to contact me.

Respectfully,

T. Pace"
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Exhibits View
Additional Communication Between Claimant and Herbal Therapy Wraps Hide
  • Sep 25, 2015, Herbal Therapy Wraps (responding party) added:


  • Sep 28, 2015, Claiming party added:
  • The response from Herbal Therapy is completely false.
    1. I was never told that my pay would be corrected in my next check. What I was told by Kay is that moving forwarded she will take care of me on the side like she does the manager for deducting the 15 and 30 minutes. I had reached out to my manager and have not gotten a response from her regarding any last paycheck to pick up. I was informed that she is not allow to communicate with me.
    2. Coping client records is not correct. We need to send out thank you cards to our clients and those are the records that were copied and I was taught to do that in my training.
    3. This is only partially correct. They do have a complete list of what herbs are used in the solution. However, Alice is backpedalling because of her long relationship with Joe and Kay. I have a voicemail from Alice, Herbal Therapy's vendor plus I have witness's from my actual conversation where Alice was very firm on her different solution's and how they are to be mixed and that she does not tweak it in anyway. Her words when asked if you can mix 1 cup of solution to 5 gals of water was "absolutely not! It won't do a thing that is 640 oz do you know how much 5 gals is?"
    4. Joe has called me twice and I have saved those voicemails as well. I have called him back a couple of times, but as I said in my original claim is that I would not have a conversation with Joe unless there were witness's present. Therefore, when he would return my call I would not take it if my witness's and I had already parted ways.
    5. Paige is not a reliable source because she is currently negotiating with Joe on purchasing the Akron location and does not want the public to know that they are stealing from their clients.

  • Sep 28, 2015, Claiming party added:
  • A couple more points I forgot to make:
    6. 4 of the 10 people I am requesting a refund for are my friends and they stopped going immediately. The remaining 7 were not notified about my findings until after I filed the complaint with the BBB. I highly doubt they are still going for the wraps, but if they are continuing to still go that is because they are being lied to with the information Joe has provided in his rebuttal and they believe them.
    7. As to Sara's statement. I am wondering how this claim is affecting all three locations and her reputation seeing it is not public knowledge as of yet. The only people aware of this claim at this time are my 10 people (7 of them are just now being made aware of the circumstances), another employee who was let go due to low funds and Kay, Joe and those they shared it with.

What Claimant Wants Hide
1. Compensation: would like to be paid what I'm owed but I want my clients taken care of! Sep 29, 2015 $240.00
2. Refund: Refund my 10 clients Oct 05, 2015 $2,551.00
3. Other – Copy claim to regulators Sep 29, 2015 $14.99
4. Other – Pay for claim posting cost Sep 29, 2015 $7.99
5. Other – Physical delivery charges Sep 29, 2015 $2.99
Cash total : $2,816.97
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Reference: Claim #3349619-205052

    Tami Pace did bring the discrepancy of her check to Kay’s attention and Kay realized that a mistake had been made. Tami was told that the mistake would be corrected on her next check. Herbal Therapy issued Tami’s last check, with the corrections, but to date Tami has not returned her keys or collected her last check. Also it was discovered that Tami and another employee had copied our client records which includes names, addresses, telephone numbers and email addresses. These two factors resulted in Herbal Therapy needing to change the locks on our business at a cost of $249.00.

    For over nine years, Herbal Therapy has had the policy and procedure of deducting fifteen minutes for work shifts over three hours and thirty minutes over seven hours. This is to allow employees to make personal phone calls, smoke breaks, or whatever other personal business needs to take place.

    Our solution is a standard solution that has additional herbs added before it is shipped to us. Our vendor has a standard label that doesn’t state these additional herbs. We do have a complete list of the herbs in our solution that is given to our employees and any customers who ask. If we didn’t add the additional water, our clients may become toxic from the higher concentration of herbs which may result in becoming ill.

    Joe and Kay have both talked to our vendor, Alice. She stated that she did not talk with
    Tami. Alice thinks one of her employees posed as her.

    I, Joe, Have never met or spoken with Tami Pace. I have tried to reach out to her personally to see if i could assist in solving this matter but she would never return my calls. I am appalled by the situation. I have been in business for 9 years in northeast Ohio and have over 3000 satisfied clients. 8 out of the 10 people Tami Pace has demanded refunds for are still active clients Of Herbal Therapy Body Wraps. I hope that peoples claim can see through to the resolution of this matter.
    Sincerely,
    Joe Favaro
    "

  • "
    To Whom It May Concern:


    My name is Paige, I am a licensed medical aesthetician and certified body wrap instructor with 12 years of experience. I have been an employee at Herbal Therapy for almost 8 years. In that time I have become very familiar with the herbs in which we use to do our wraps. If the herbal solution is not diluted enough it can cause adverse reactions such as upset stomach and diarrhea. Because the solution we receive is much stronger then most, the instructions we are given by the manufacturer are to dilute 1 cup of the herbs to 5 gallons of water. "

This claim will remain posted until resolved.

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