Employee or Independent Contractor…Question has been answered

Time for a vacation

For about seven years now there has been an ongoing debate whether the Property Preservation Industry (PPI) is Employee based or Independent Contractor based. Friday March 17, 2017 the Honorable

William H. Orrick has finally laid the debate to rest. Now many are not going to like his decision, mainly the Offender Members of the National Association of Mortgage Field Services, (NAMFS).  So here is podcast number one .

No Matter Where You Are…We’ll be Watching

Now many of you are probably asking how this decision will affect your business. Well for the Emplactors afraid to open their mouths, for them nothing will change. However, for business folks that have kept records you may have a payday coming….in 2010 alone our company had over $50,000.00 in reimbursable fees. Yes, phone systems, dump fees, hourly wages, transportation costs, and tools for this job including the laptop we had to purchase to use the Pruvan system. With that thought I’ll queue up podcast number two.

PPI Watch List Honorary Inductee. EDNAMFS For knowingly Allows members to skirt business laws.

Now for whatever reason back in 2010 when the Hurst v Buczek. came to light NAMFS did nothing but double down on allowing the illegalities of the membership. This organization did nothing even after the May 2, 2012 final ruling, the “ED” nor the Board of Directors lifted a finger to stop the improperly licensed membership or the incorrectly classified IC Employee mess. Instead of cleaning the mess up five years ago Eric Miller has allowed this nightmare to continue.

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Yes ladies and gentlemen…you are an employee just like I said six years ago in a Linkedin forum that had Don McPhearson demanding I “be specific” with my claim that NAMFS was and I still maintain to this day is responsible for the deterioration of the PPI.  At that time I made the claim we are Employees not IC’s. .. I knew then I was correct, how you ask???? Simple I removed FAS from the contract and inserted Aladay LLC. I then sent it to our local UEID, Unemployment Insurance Divison office, and had the contract reviewed “before” we hired or used it for Independent Contractors. Jennifer at the UEID office said …this is nothing more than an Employment contract and anyone work g u Dr it would be considered an employee.

 

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For years I asked others to do the same. I even broke contracts down by removing companies name and inserting “Company A” & “Company B” and translating the legal ease into English.  See Kim Savage’s group on Facebook the series may ve archived there as that was where the videos were posted… I have been saying for a very long time we are employees. I know some if you do not want to five that fact. That is your choice. You can get you paperwork together and get paid or you can continue to argue with me and others in the face of the courts decision, your choice.

Myself I’m getting  our paperwork together for payday…BTW in civil litigation damages are treble…or 3X what the original damage was….2010 is looking awful good….and right about now so is Tahiti.

Until Next Time

Happy Gardening

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