In Her Humble Opinion…You’re an Employee.
Today I had the privilege of interview a very knowledgeable and extremely intelligent business woman Tina McPherson out of Baltimore Maryland. Tina like many of the current people working in the Property Preservation Industry (PPI) got into the industry 17 years ago by default. After several recommendations from the city because of her organization’s skills and the fact her mother was retired from working there it was something to do with a spin of having a woman’s touch. We had the opportunity to buy a house and rehab it to save monies and found that we liked it and went to the task of getting education licensing and accreditation. Tees Creations is a group of licensed women in varying capacities creating images and visions that can be a reality.
A couple days ago Tina sent me some licensing information from the state of Maryland. Like most states many of the Boots on the Ground (BOTG) may very well be unknowingly breaking their local licensing laws in addition to the Independent Contractor rules. Here are some pertinent rules and laws from Maryland.
The Maryland Money Transmission Act requires the Commissioner of Financial Regulation to license and regulate persons issuing checks, drafts, and money orders for a fee, or operating a bill payer service or an accelerated mortgage payment service. Persons who wish to transact such business in Maryland must be licensed by the Commissioner. All such persons must report annually to the Commissioner on agent charges, financial structure, and other conditions relative to their functions under the Law (Code Financial Institutions Article, secs. 12-401 through 12-424).
WORKER CLASSIFICATION PROTECTION UNIT
The Worker Classification Protection Unit began as the Workplace Fraud Unit in September 2010, and adopted its present name in July 2012. The Unit is charged with administering and enforcing the Workplace Fraud Act (Chapter 188, Acts of 2009). The Unit investigates cases mostly in the construction or landscaping industries where employers have misclassified employees as independent contractors and do not withhold income taxes or provide access to health benefits or pensions, or pay premiums for workers’ compensation and unemployment insurance coverage.
DLLR’s Division of Occupational and Professional Licensing
Licensing of Locksmith Businesses
The Maryland Locksmith Licensing Program is accepting applications from businesses, including sole proprietors, seeking to become licensed. Review and print a licensing packet. (PDF document, 354KB, download Adobe Acrobat for free)
Title 12.5 of the Business Regulation Article, Annotated Code of Maryland, also known as the “Maryland Locksmiths Act” sets forth the requirements for the licensing and regulation of businesses or commercial entities that “provide locksmith services” in Maryland. The term is defined in Section 1-101 of the Act as follows:
(h) “Provide locksmith services” means to engage professionally and for compensation in:
(1) repairing, rebuilding, rekeying, repinning, recombinating, adjusting, or installing mechanical, electrical, or electromechanical locking devices, safes, vaults, or safe deposit boxes; or
(2) operating a mechanical, electrical, or electromechanical locking device or opening safes, vaults, or safe deposit boxes by a means other than that intended by the manufacturer of such locking devices.
Locksmith businesses that must obtain a license to operate include corporations, partnerships, limited liability companies, limited liability partnerships, and sole proprietors. Employees who do hands-on work as defined above do not need a license to be hired or to continue working. However, employees are required to undergo a criminal background check, the results of which may have an effect on employability.
Department of Labor, Licensing and Regulation
Division of Occupational and Professional Licensing
Maryland Licensing of Locksmith Businesses
500 N. Calvert Street, 3rd Floor
Baltimore, Maryland 21202
With this information above pertaining to locksmith services and the rules in Maryland. I believe none of the companies are ensuring this, and that many of the BOTG in Maryland may very well be breaking the law at the direction of NAMFS members..
With the information I was provided it made me wonder, just how many people are being compromised all in the quest to turn these properties over to convey?
You have taken a stand in regards to the background and credit check issue currently being demanded by some in the PPI, why is that?
When you are licensed in the state of MD you already undergo a background check why do we have to undergo one with the companies we work for if we a business. One of the pitfalls of being a sole-proprietor may be cause for this to occur, however a legitimate recognize business, corporation or partnership with licensure should not need to undergo this.
There is a link for the federal bonding program that is free of charge. If in fact the companies want to direct and control our businesses the BOTG could and should come together as this would force these companies to pay fines and reclassify, and thus those whom this program could help well its free, and it is available in all states. This is something that really needs to be considered. The BOTG need to stop back stabbing each other and stand their ground.
Here is how the IC/Employee reads for Maryland.
Independent Contractors vs. Employees: Proper Classification
Worker Classification: Independent Contractor versus Employee
Whether an individual worker is an independent contractor or employee has an impact on the legal consequences to the company engaging the services of that individual. Proper categorization of a worker as an independent contractor or employee is vital to satisfying certain regulatory liabilities, including proper withholding and remittance of tax. Similarly, proper documentation of an independent contractor relationship is important to establish limitations of liability, and ownership of work products, especially intellectual property.
Pursuant to Maryland courts the determination of whether a worker is an independent contractor or employee rests on several basic findings. The factors that must be considered include: (1) who has the right to control the work; (2) who has the right to select the worker that will perform the duty; (3) how wages are paid; (4) whether the work is part of the employer’s regular business; and (6) the intention of the parties when entering into the relationship. Rubin v. Weissman, 59 Md App. 392 (1984); L.M.T. Steel Products v. Peirson, 47 Md.App. 633, 635 (1981).
“If that right of control is present, the relationship is necessarily one of employment, because it negates the independence or autonomy presumed to exist with an independent contractor.” L.M.T. Steel v. Pierson, 47 Md. App. at 635. “The decisive test in determining whether the relation of master and servant exists is whether the employer has the right to control and direct the servant in the performance of his work and in the manner in which the work is to be done. It is not the manner in which the alleged master actually exercised his authority to control and direct the action of the servant which controls, but it is his right to do so that is important.” Id.
If a company controls the relationship between the customer and its workers it will most likely be liable for the actions of its workers because the workers will be declared employees. A company must relinquish some control of the relationship if it wants to create an independent contractor relationship. The final determination of whether a worker is an independent contractor is fact driven, on a case by case basis.
The following factors are used to determine whether the person has been free from the employing unit’s control or direction: (1) whether the employing unit requires the person to comply with detailed instructions about when, where, and how the person is to work; (2) whether the employing unit trains the person to perform the service in a particular manner or using a particular method determined by the employing unit; (3) whether the employing unit establishes set hours of work for the person performing the services; (4) whether the employing unit establishes a schedule or routine for the person performing the service; and (5) whether the employing unit has the ability to terminate the person for failure to obey the employing unit’s specific instructions on how the service is to be performed.
Factors used to determine whether the person performing the service is customarily engaged in an independently established business include whether the person: (1) maintains a business listing in the telephone directory; (2) has his or her own place of business; (3) has a financial investment in a related business and can incur a loss in the performance of the service; (4) has his or her own equipment needed to perform the service; (5) determines the price of the service to be performed; (6) employs others to perform the service; (7) carries his or her own liability or workers’ compensation insurance, or both; (8) performs the service for more than one unrelated employer at the same time; (9) sets his or her own hours; and (10) is paid by the job.
The following are factors used to determine if the service is outside the usual course of business of the employing unit: (1) whether the person performs the work off the employing unit’s premises; (2) whether the person performs work that is not integrated into the employing unit’s operation; (3) whether the service performed is related to the employing unit’s business.
There is a presumption that all employment is considered covered employment and therefore a company is required to pay unemployment taxes. The burden is on the company to demonstrate an exemption from covered employment. Blue Bird Cab Co. v. Maryland Dep’t of Employment Sec., 251 Md. 458, 464 (1968); Department of Employment Sec. v. Charlie’s Barber Shop, 230 Md. 470, 475 (1963); and Warren v. Board of Appeals, 226 Md. 1, 16-17 (1961). See also COMAR 09, § 32.01.18A.
Worker Classification Protection
“Workplace fraud” is a serious problem involving employers in the construction (including all aspects of home improvement) or landscaping industries who fail to properly classify workers as “employees.” This fraudulent practice denies workers critical workplace protections guaranteed to employees, allows unscrupulous employers to undercut competitors who play by the rules, and deprives taxpayers of critical dollars. If you think an employer is committing fraud by misclassifying its workers, it is important that you let us know. All allegations are taken seriously
Here are some examples in the construction industry that shows classifications
A. The illustrations in this regulation provide guidance under the Workplace Fraud Act only and do not apply to any other State or federal law.
B. The illustrations in §§C—J of this regulation provide guidance for the construction services industry in the application of Labor and Employment Article, §3-903(c), Annotated Code of Maryland.
C. John Brown has an oral agreement with ACE Building Company (ACE) to do carpentry work on houses in a development designated by ACE. John Brown supplies his own hand tools. ACE supplies the material for each job. He has to do the work himself and he works on a full time basis for the company. For some work he is paid on a piecework basis and for some work he is paid on an hourly basis. He does not have assistants, does not have an office, and does not advertise in newspapers or otherwise hold himself out to the public as being in the carpentry business. ACE can fire him any time before he finishes a job without contractual liability. John Brown is an employee of ACE.
D. HVAC, Inc. (HVAC) is the mechanical subcontractor on a large hospital construction contract. There is so much work to perform that HVAC contracts with two other companies, Air Supply, Inc. (Air Supply) and Kool and the Gang, Inc. (Kool), to assist with the work. Air Supply and Kool each have their own employees. HVAC retains some supervisory control over the employees of the other companies to make sure that the job is being done to the specifications of the overall mechanical contract. Air Supply and Kool exercise supervision over the installation methods of their respective workforces. Even though the two subcontractors are in the same business as HVAC and they perform the same type of work at the same location as HVAC, there is no employer-employee relationship between the contracting companies, and there is no employee-employer relationship between the subcontractors’ employees and HVAC.
E. Sarah Green is a painting subcontractor who has contracted with XYZ General Contracting, Inc. (XYZ) to paint 264 houses. She hired 40 painters to do the work for her, although only about 15 are on the job at any one time. She supplies all the paint, brushes, and ladders. She designates the house to be painted and either pays the painters per house or by the hour. Detailed instructions about the work are not necessary because of the painters’ skill in their trade. Sarah Green inspects the work and requires them to repaint any unsatisfactory work. The painters cannot engage helpers without her consent. She can discharge them for any reason, and they are free to resign at any time. The painters assume no business risks and have no capital investment. None of them has an established business. The painters are employees of Sarah Green, not XYZ, and Sarah Green is an independent contractor, not an employee of XYZ.
F. Milton Manning, an experienced tile and terrazzo journeyman, orally agreed with MEGA, Inc. (MEGA) to perform full-time services at construction sites. He uses his own tools and performs services in the order designated by MEGA and according to its specifications. MEGA supplies all materials, makes frequent inspections of his work, pays him on a piecework basis, and carries workers’ compensation insurance on him. He does not have a place of business or hold himself out to perform similar services for others. Either party can end the services at any time. Milton Manning is an employee of MEGA.
G. Wallace Black agreed with the Sawdust Company (Sawdust) to supply the construction labor for a group of houses. The company agreed to pay all construction costs. However, Wallace Black supplies all the tools and the equipment. He performs personal services as a carpenter and mechanic for an hourly wage. He also acts as superintendent and foreman, and engages other individuals to assist him. Sawdust has the right to select, approve, or discharge any helper. A company representative makes frequent inspections of the construction site. When a house is finished, Wallace Black is paid a certain percentage of its costs. He is not responsible for faults, defects of construction, or wasteful operation. At the end of each week, he presents the company with a statement of the amount he has spent, including the payroll. Sawdust gives him a check for that amount from which he pays the assistants, two of whom are day laborers although he is not personally liable for their wages. Wallace Black and all of his assistants are employees of Sawdust.
H. Trisha Gold; Pristine; Painters.
(1) Trisha Gold is a painting contractor who has been subcontracted by Pristine Construction, Inc. (Pristine), the general contractor responsible for painting 20 individual cottages. Prior to entering the contract, Pristine seeks and obtains proof from Trisha Gold of payroll withholdings, payment of unemployment insurance and workers’ compensation with respect to Trisha Gold’s employees. Pristine also provides Trisha Gold with a written notice of her status as an independent contractor and the rights and obligations pursuant to that status. Per the terms of their written contract, Trisha Gold is to complete ten cottages.
(2) Trisha Gold hires Painters, LLC (Painters) to assist in the completion of this contract. Painters is responsible for delivery of five completed cottages. In order to ensure that the cottages are completed with matching colors, Pristine provides all of the paint. However, Trisha Gold and Painters each provide their own ladders and brushes. Painters work under Trisha Gold’s direction and control and she sets the work hours for the job. Trisha Gold inspects Painters’ work to ensure satisfactory performance and she is responsible for paying for any repairs for inadequate work. Trisha Gold is an independent contractor of Pristine. Painters’ workers are employees of Trisha Gold. Painters and their workers are not employees of Pristine.
I. ABC Company (ABC) hires three crews of workers to do the siding on new houses in a residential development. ABC pays each of the crews per square foot of siding installed. ABC tells each crew leader that they are independent contractors responsible for their own workers’ compensation premiums and any taxes. None of the crew leaders appears to have their own business, and they fail to get any workers’ compensation coverage. One of the crew leaders is designated as general foreman and has been given total responsibility for running the job, but ABC has a superintendent who periodically walks the site to make sure the work is done properly. ABC also provides safety equipment for each worker. At the end of each week, ABC pays the crew leaders a lump sum based on the square footage of siding installed. The crew leader then pays each worker based on how much siding they installed. The workers doing the siding are employees of ABC.
J. POP; DIG. POP General Contracting (POP) leases two employees and a backhoe from DIG Excavators, Inc. (DIG). The DIG workers are engaged to open a trench, lay some pipe, and backfill the trench. Both POP and DIG contend that neither of them is the employer of the workers, that for purposes of these lend/lease type jobs, they are independent contractors for POP. None of the workers has his own business or pays his own workers’ compensation. The workers always consider DIG to be their employer and if they have questions about how to do the job, they ask their boss at DIG. The workers are employees of DIG, even while they are leased-loaned to POP.
HUD regulations do not state the need for a license of any type. The General Requirements portion of the regulations states, under paragraph title: Mortgagee Responsibility: ” A Mortgagee may use any individual or firm to perform preservation and protection services on properties securing FHA-insured mortgages, however, the Mortgagee remains fully responsible to HUD for its actions and the actions of its agents.” This statement in the HUD Regulations is the foundation for all companies placing full responsibility for all field services performed by independent contractors upon the contractors themselves.
As independent contractors, property preservation contractors are assuming total responsibility for their services and will normally need to be licensed by their city, state and county authorities. In some cases, depending on the types of services offered, the contractor may be required by local (state, county and city) to obtain one or more licenses
Now one would think with that information available that there would be no questions….
Would you be of the opinion that the Independent Contractor rules are being violated with the current systems in place for assigning work in the PPI?
Most definitely, if we are asked to bid oftentimes our bids are readjusted supposedly, and we will never really know if some of that money is in fact pocketed. We should be able to receive a work order, and follow the work order, within the legal parameters of safety and code in a timely manner and be paid. Timely manner is relative again, when one sends out for example grass cuts and it is snow on the ground one has to wonder? Or bid a roof job with snow and ice on the roof well… it should be up to that contractor to decide hey I would like to do this however we can plan for a better day.
All of the foregoing information is necessary backup and proofs of where things stand in Maryland. So to keep this objective instead of subjective, we as a company have to take issue with the far reaching hand to declare reports, of all types on an individual person are not applicable or necessary; if in fact, the business is operating as a business in good standing, and it is the business that signed the contract.
When I say business, this does not negate the sole proprietor. However, I am referring to the Partnerships, LLC, and Corporations as they are fully protected under the law. When companies enter into agreements unless a suretor or co-signor is requested the businesses are doing business with a business. Thus in order to determine the veracity of the business we have something called DUNNS, now most people don’t follow it or really keep up with it but it is a free service that monitors businesses and their credit. So why are we being asked to pay for the credit check with the background and take a hard hit on our credit?
If the issue is fault, error, or omissions, again that is why we have an insurance binder that list the company as a part of the binder on the COI. We are than further directed by companies on what is the minimum amount they need for this binder. Finally as a business, we refuse to give out personal information for business purposes which is directly against the IRS guidelines, it muddies the waters. Nor should I have to, we pay taxes, fees, license fees, insurance, and costs for tools and equipment and for our workers, so they are asking for more information than what is necessary to complete a job and this I find appalling. It does not take much for the information to fall into the wrong hands and business can be ruined, identity theft is prevalent and that does not exempt a company.
Do you think that these procedures have come about from criminal activity from the Contractors?
Do I feel there are some egregious people? Meaning contractors, realtors, fsm most certainly, I do. However, I do not believe for one moment that the average person who is a contractor, preservation personnel, or lawn technician that happens to be an ex felon is stripping down houses, removing appliances and vandalizing these houses. Simply because those that have done real time, ( more than a couple of years) the last thing they are thinking about is how can we get into that vacant house, take all the copper, all the appliances and use a key that we do not have, for what to go back to prison? No I do not think so, at least not in Maryland. Now that does not mean that some would not, but by and far I believe it is within the circle of realtors and contractors, those fly by night contractors who fly under the radar and the realtors are the same. It is with those individuals who may have a substance abuse issue, or the homeless .I have seen several instances where realtors give key codes to potential applicants for the home, do we know them? In addition why should they be allowed to access a home without the proper people in attendance? But they do, how do we know they did not plan the dastardly deed?
With respect to providing personal information you’ve chosen not to do so?
Well we don’t, and yet some seem to believe that these companies want me to believe that I need to give them not only my blood sweat and tears, but also that they expect I am going give up that personal piece of my life if we want to work for them? Well we just can’t. Our company has pushed back, and simply said we don’t make enough money with your company to even consider it, and guess what we still get work.
What was the reaction when you said no?
They sent in another person to threaten and we said the same thing and guess what we still get work. We have a hard time bowing over for companies that we do not make a great deal of money and we will not.
How do you think this will play out in the long term?
Do I know how we are going to make it? No, Can I find a job in the regular workforce? Oh I am sure of that. Can I just simply say go out like a soldier” I think I like the latter, and if God is for me then who can ever be against me? So, with that said it appears there are a few companies who owe my company monies and benefits that I could use and thus I am going to be working on that. These companies are not doing what they are supposed to do.
In what regard?
Let me take this a one step further. There is a company we worked for who required all persons to use PRUVAN and pay for it or receive no work, if you did not have a smartphone well you needed to get one, well I had to break down and buy one, then we had to pay them 5 dollars for each FSM uploaded to HUD, why because the portal is only open until 6pm and in the summer 7pm. So $10.00 for each HIPR and initial services and $5 for each FSM. Doesn’t seem like a lot does it, well FSM are done twice a month and let’s say you have 50 properties x 2×5 adds up, now take this and say there are 100 contractors, and this company pocketed all that money. Now here is the kicker we receive our 1099 and money was included as money received. I contacted them and was told that it was correct, so I simply contacted the IRS and was advised that maybe I need to issue a late 1099 to them for wages they received from me as I did receive almost 10K never saw it they kept it and guess what they don’t pay taxes on that money as it becomes unaccounted for.
Taxes, this usually anger most, how about you?
Am I bitter? No. Am I angry? No. I have a brain, I can think, sometimes I overthink, but I believe truth is always right and sometimes you have to just stand. And it appears a 1099 is in order, you may want to tell those businesses that information. A 1099 is for wages received…key word received.
So from one business owner to another. I must say after our interview I almost feel vindicated as I as others have been say this for a few years now.
So when will the BOTG come together? At least the ones in Maryland. Tina has provided plenty of information for you all to draw a line in the sand and act like business owners and not the scared emplactors*** the recruiters and vendor managers have made so many in this industry across the country.
I believe that as more and more PPI business owners start coming forward it will be easier and easier for the rest to stop acting scared and come out o the closet. The reality is this…
Until your sock the bully in the mouth, the bully will continue to take your lunch money…
In closing allow me to say, should you not want to sock the bully you don’t want to take your lunch money hit the donate button below…
Thank you Tina for the insight and and sharing your experiences with everyone. I do hope you will take something from this article today. As more and more BOTG start to come forward to share their stories the sooner the madness of the Property Preservation Industry will stop.
Until Next Time
Written By: Aaron Aveiro
Photograph courtesy Tina McPherson
*** Emplactor is an employee that has been incorrectly classified as an Independent Contractor with specificity to the Property Preservation Industry
The Ever Puzzling Question…Insurance Fraud, Wire Fraud, Rico Violations…Or All the Above???
This morning as I was grinding the Sumatra Mandling I heard that all too familiar pitter-patter of feet rattling the silence in the canyons of my mind. As the aroma of the freshly ground beans permeated my nostrils and the cobwebs of the early morning fog slowly started to recede and my eyes focused Little Man whispered….pppppssssssssssssssssssssssssssssst! I was wondering something..
And just what on earth might that be Little Man?
Well I heard you consulting the other day about bids and the bid process and something just keeps coming back over and over and it…well..it just don’t make no sence…
Well OK but what is it about bidding jobs that confuses you Little Man?
Well that thing the client said about how their bids kept being returned with the statement “We found you bid to be excessive and have adjusted it and submitted it on your behalf”. That kinda sounds wrong, like… well I mean, if someone changes something you do… that don’t’ make it yours no more right?
Well you heard me correctly Little Man that is what I advised the client. Why does this bother you so?
Well I just don’t get it, wouldn’t that be somewhat unethical or even illegal for someone to say something for you that you didn’t say?
Well First Little Man, I believe it is highly unethical. As for being illegal it would depend on the context. For example; should someone tell their neighbor they will submit a bid of $7,000 to fix the roof on his house, and they in turn inform the insurance company it was going to cost $12,000, well that could be classified as insurance fraud. But If the neighbor told someone in casual conversation it was costing him say $9,000 he could just be trying to help you out and get you a couple extra bucks…I personally would say thanks but please allow me to make quotes on our companies work, in that sense that would be harmless as no one is billing or having to adjust documents for the purpose of receiving monies.
I still don’t get it though…how do those companies you write about get away with that …you know, submitting a different bid thing?
Well you see Little Man it goes back to something I have been saying for a while now. Many of the people working in the Property Preservation Industry have been recruited from help wanted sections and they are in reality an employee. Along the way they have been intimidated and coerced into believing they have to do what they are told. Because they have always been an employee they have difficult time thinking like a business owner. If they would stand up and say that is unacceptable it might help. But even then they have no control as to the invoicing submitted for the work by the company adjusting the bid, in addition most of the time they do not even know this has been done.
That’s those emplactor*** people you always mentioning huh?
Now you’re catching on Little Man.
So tell me something Little Man, why does this subject have you so troubled this morning?
Well if this is illegal, this bid thing, if it is illegal why is it being done? How come nobody stops it or says no? How do the companies make you do something you did not agree to? Why do the insurance companies pay for something that sounds like fraud? Will the person doing the work get in trouble? I mean they don’t even know right? How come, I mean like why hasn’t those Elliot Ness type characters done something about all of this? Isn’t that considered wire fraud, or fraud of some kind? Why hasn’t district attorney’s or attorney general’s filed RICO violation charges for this? This is being done over internet crossing state lines right?
WHAO!!!!!! Little Man…slow down a minute. I said. (Boy one can definitely understand Little Man’s confusion. It is very convoluted when you place it in perspective.)
Well Little man it’s like this. I do believe sooner or later that the attorney general of states and possibly even the attorney general of the United States will get involved. You must remember when it comes to jurisprudence to build a case to obtain a conviction the prosecuting attorney’s have to gather evidence and sometimes that process takes a very long time. While that goes on the prosecutors have act like they don’t know anything and continue to allow the violations to happen. They have to gather witness statements, documentation of activities, obtain warrants to record conversations and bank records. Believe me the insurance companies don’t want people defrauding them it is bad for business and hurts the good people with higher fees. So I’m sure out there somewhere there is one of the Elliot Ness type you ask about are doing their job in regards to the wire fraud and RICO violations that have become a common place in the Property Preservation Industry.
Yeah but what about those emplactor folk you talk about, won’t they get into trouble for doing the work when the bid thing is done? I mean won’t they be in trouble for participating or something like that?
You mean will they be considered and assessory, Little Man?
Yeah that’s it !! Will they be one of them??
Well that would depend if they cooperate with law enforcement if they are asked to do so. You see if someone truly has no knowledge they are doing something wrong. Most times the law enforcement folks give them a break if they help out and provide the information about their involvement. However, if they are not properly licensed for the work the local licensing agency’s, well they are not so forgiving.
How come that is???
Well you see Little Man, licensing helps communities generate revenues that help will education programs, fix the roads, in addition proper licensing involves testing to assure the public that the person or company doing the work is going to complete the work to the building codes and they will use proper safety equipment and disposal procedures when necessary. Proper licensing is somewhat of a public safety issue. That is why every state has building departments and licensing agencies.
As I refilled the cup Little Man still looked perplexed and was scratching his head. As I let the aroma swirl around my head and my eyes started focusing to watch the sun come and I contemplated on the day ahead Little Man suddenly started prancing back and forth.
Ok now what’s going through your little head Little Man???
I just can’t figure something. Those folks are breaking the law right?
Well in my humble opinion Little Man, I believe they are yes.
So why do the people doing the work financing the industry, why do they have to submit to a background check?
Good question Little Man.
Maybe you need to write a story about that…
Yeah perhaps I do..I’ll work on that today for you.
Cool…I think it’s time to go fishing now..
Alright Little Man you enjoy yourself today…
As Little Man started on his journey back into the canyons of my mind he paused and over his shoulder he said…
Just one last question, if all this is bid adjusting submitting different numbers to insurance companies is illegal why do those big national companies do it?
Well that is simple Little Man, Pecuniary Greed.
Written By: Aaron Aveiro
Photo Courtesy Led Zepplin IV Album cover
*** Emplactor is an employee that has been incorrectly classified as an Independent Contractor with specificity to the Property Preservation Industry.
Opinions expressed do not reflect those of Aladay LLC ownership
Has Aladay LLC’s Business 101 Break Even Point Video Helped the BOTG????
Please Mow My Lawn Mr. Emplactor….
Actually as much as I’d like to take the credit I have to say experience has probably played more a part than our video…But never hurts to pump ones ego, even if for only a minute or two…
With the Lawn season rapidly creeping upon us many out there are finding the fees being offered a joke, to put it mildly. This the time of year that all the little 20-something desk jockey’s are forced to earn their pay as not only do they temporary employees have this misconception that if they perform they will have a job and promotion next month but they really do think that the cheat sheet with the cliché phrases like “You’ll make up for it in volume” or my all time favorite, “You’ll make up for it somewhere else” are going to work in selling the $15 to $20 lawn cuts. I’ve asked the local bookie to make an over/under line on how many emplactors*** in our area will go broke this summer falling for the “volume card”, the number is currently at 23.5, keep in mind it is a 11-10 wager system.
Searching around the various sites I have collected a few comments from the more seasoned veterans of the industry. That would be the ones that do not want to go broke. Greg Dudley From Florida
We used to cover 5 counties in Fla. As rates went down, we adjusted our service area.
Now we don’t do inspections at all. Every year asked to do more, more photos, more info but for less money. I got calls all the time for 2000 inspections a month@ $ 3.00 each, just could never figure out how to make any money doing this. Got off the treadmill. Now we do preservation only and only in a few close- by counties. Funny thing is, we make more money now and more PROFIT than ever and with less headaches… well maybe not that last part. All I know is that when a Realtor is trying to assign services for a property in Florida, they would much rather assign to me, a neighbor, than a company 3000 miles away with which they have no relationship. Most of the rates are based on national guidelines and then it depends on how many times it’s cut before it gets to us, the BOTG.
It can’t be cut too much or it won’t even pay your required GL, E&O and WC insurance.
Just to pay my insurances for a year here in Fla., I would need to cut 500 $15.00 yards!
If you can make it work, God bless you.
Again I will refer everyone to the Breakeven Point Video on the $15 lawn cuts. Even if you work by yourself you’ll need to complete around 22 of them per day to make it work, keep in mind that just allows you to break even on the day…
Inspector Troy Wilson from Indiana on the $20 fees for inspections.
I am with you when you’re right… impossible to complete inspections for $20 and make a profit ; so it is inconceivable to perform work and make a profit at that rate. I have turned down countless offers lately due to the offer of the low rates. I can sit at home and be better off. Everyone should do the same until the rate offered is within the profit range.
I hope everyone in this business realizes that when you accept a lower rate, then “they” will lower it again after you accept. So, stand your ground ALL !!!
Alex Kasubienski from Ohio on the insanely low ball fees…
I agree with Tony, because when I worked for another company and ran my company part time. I sat down and figured out that I was killing myself making someone else very rich while I struggled to get by week to week. It took awhile for it to finally sink in but when it did, I told them they had to pay me more money or I was leaving, well, they must of thought I was kidding because I was in there the other day and they have NO qualified person running the department that I used to run by myself and turned a profit in every month since I had taken over the department. Now that department is in the RED! They actually asked me to come back, I told them I could not because my company is very busy!!!!
Now most of us that have been in business a while understand that if we sell a product that costs us 20cents for 50 cents, and we can sell 150 of them a week we will have a decent margin, we also understand that if we sell the same product at 45 cents and sell 300 a week we’ll do a little better.
However, the volume card in this case deals with a “hard product” a deck of playing cards if you will. When you start dealing with services and time, the elements of the volume card change DRASTICALLY!!!!
Brian Roth up in Oregon makes a valid point about size, requirements, and payment procedures…
I can tell you here in Oregon I dont even pull my truck out the front gate for less than $85.00 per lawn. I started out with a 21inch mower and learned real quick that the only way to mow lawns fro a profit was to get bigger mowers.
We currently use the 21″ mower strictly for the parking strip only as a last resort, our smallest walk behind zero turn deck is 36″ and the biggest is 72″. My guys love to lawn ski as we call it here. We have sulky on all of the decks so the guys don’t have to walk. Weed eaters setup for weed eating and also hard edging our lawns.
The funny thing is I can mow lawns for a regular client and not have to pickup a 1/2 cubic yard of trash, curt grass that can be over 4′ tall and be in and out in less than 15 minutes and make and average of $150.00 per month on that lawn and get paid that day.
Why would I mow a lawn for $20.00 up to 10,000 square ft. And then take a 15-20% discount and have to take photos, measure the grass height plus haul a half of yard of debri for free.
That is call stupidity and being a dumb business men. So next time some one ask you to mow a lawn tell them you have new equipment and your minim rate for a lawn cut is $85.00 and then refer them to a local lawn service company and see how fast the get an education. I tell them sorry guys you need to bring your checkbook to the table to hire us.;-)
Labor changes everything, especially when you start attempting to provid services at obnoxiously low fees when you were sold the volume card. What we are starting to see across the country is something the members of National Association of Mortgage Field Services (NAMFS) with their subbing to members subbing to members did not think about…they have started running out of “marks” to dupe into working for nothing.
Today I had a call from a fellow BOTG in the area and he was telling me how one of the companies he works for called him begging him to complete services on a property under the flat fee. He said no.(I will be highlighting this over the weekend) But why I bring this up…the 20-something on the other end of the phone stated she had contacted 10 other vendors in the area and they had said no. It appears that the days of the flat fees and the grip the membership making up Eric Miller’s regime at NAMFS may be numbered as more and more people in the rural areas of the country have woke up and have started standing their ground and demanding they be allowed to bill versus being dictated to by those generating huge profits at their expense
The labor pool is thinning folks…Keep up the good work and continue to practice what Auntie Nancy whispered into Uncle Ronnie‘s ear late at night…
Just say NOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!
Until Next Time
*** Emplactors are employees that have been incorrectly classified as Independent Contractors with specificity to the Property Preservation Industry.
Written By: Aaron Aveiro
Photo courtesy Google Images
Opinions expressed do not reflect those of Aladay LLC Ownership
If you can’t HANDLE the heat…Stay outta this Kitchen!!!
Aladay Organic Farms 2014 Chili Grow List
We all know that chilies are hot, well most of us do. Yes there are some chilies, or peppers is what they really are , some are sweet like a Bell Pepper. Not around Aladay Organic Farms, (AOF). Has become known for their Exotic Peppers. This years grow list is no exception.
The heat of a chilies is measure on what is known as the Scoville Scale.
The Scoville scale is the measurement of the pungency (spicy heat) of chili peppers or other spicy foods as reported in Scoville heat units (SHU), a function of capsaicin concentration. The scale is named after its creator, American pharmacist Wilbur Scoville. His method, devised in 1912, is known as the Scoville Organoleptic Test.
The Scoville scale is an empirical measurement dependent on the capsaicin sensitivity of testers and so is not a precise or accurate method to measure capsaicinoid concentration, however, capsaicin concentration can very roughly be estimated as ~18µM/SHU.
So what is the big deal with HOT chilies? Well the chemical or oil called Capsaicum and Capsaicin has numbing properties. This happens to be an area of GMO technology I think is beneficial to all of us. There are people, and while not a large percentage of people, there are some never the less allergic to Novocaine, lidocaine and other local anesthetics, in addition there are those that prefer not have chemically produced drugs used on them. So medical research has entered the picture on something the Native Americans have known for a very long time. Currently there has been a lot of research for arthritis, from the website.
Capsaicin is taken from chilli peppers. It works mainly by reducing Substance P, a pain transmitter in your nerves. Results from RCTs assessing its role in treating osteoarthritis suggest that it can be effective in reducing pain and tenderness in affected joints, and it has no major safety problems. Evidence for its effectiveness for fibromyalgia is related to a single trial.
What is it?
Family: Herbal medicine extracted from chilli peppers (Capsicum family)
Scientific name: Capsaicin
Other names: Axsain®, Zacin®, chilli, pepper gel, cayenne
Capsaicin is the main medicinally active component of chilli peppers which is taken from the plant’s tissues. It’s licensed in the UK for osteoarthritis and you can get it on prescription in the form of gels, creams and plasters.
How does it work?
Several studies have found that capsaicin can use up Substance P. Substance P plays an important role in transmitting pain signals from nerve endings to your brain. It’s also involved in activating inflammatory substances in joints.
Is it safe?
There are no major safety concerns in applying capsaicin gel/cream. You may feel a burning sensation when the gel touches your skin. This is because capsaicin also binds to specific receptors in nerve endings called VR1, producing a burning sensation which isn’t caused by any tissue damage. Brief skin redness is common, but high doses of capsaicin can cause skin blisters.
A review of capsaicin applied to the skin to treat chronic pain (not specifically related to osteoarthritis, rheumatoid arthritis or fibromyalgia) concluded that around one third of people experience a reaction around the area where the treatment is applied.
It’s important to keep capsaicin away from your eyes, mouth and open wounds because it will cause irritation. There have been no reported drug interactions.
Most trials have used either 0.025% or 0.075% of capsaicin gel applied to the skin four times a day.
- See more at: http://www.arthritisresearchuk.org/arthritis-information/complementary-and-alternative-medicines/cam-report/complementary-medicines-for-osteoarthritis/capsaicin.aspx#sthash.bsH2T2GK.dpuf
Scotch Bonnet Tobago………..17,000
Scotch Bonnet Big Sun…………11,428
Peruvian White Bullet………….23,000
Peruvian Gold Bullet…………….24,390
For the Bold and Brave
The Ghost…at one time the worlds hottest.
A chili that definitely is for the BRAVE!!!
Peruvian Gold Bullets…24,390
Peruvian White Bullet………….23,000
Scotch Bonnet Big Sun…………11,428
Scotch Bonnet Tobago………..17,000
So if you’ll be looking for a “special chili for that special touch in your chili for the cook offs this fall or a salsa ingredient that will keep them talking for a while be sure to look for Aladay Organic Farms at the Farmers Markets this summer.
Until Next Time
Written By: Aaron Aveiro
Photographs: Hatch Chili Festival Website, Google Images
A Refreshing Approach to Animal Cruelty and Abuse.
Kristen Ivey, MA
Founder, Executive Director of CRCS
Companionship comes in many forms. As we grow older that companionship may be someone of a romantic nature or just a buddy to hang out with. Sometimes it will be a dog, or in my case a couple horses and a goat. Living in the sticks with a piece of dirt has allowed me to “rescue” if you will the critters that have come to bring me amusement and entertainment. The critters I have have come to me in round about ways. Some like Bucky and Charlie who were in a very violent physically abusive situation and even though Charlie is no longer with us it is comforting to know I was able to provide him with a little peace of mind in the fact Charlie left us knowing that not all humans are bad, only the ones that smell like methamphetamine.
One of the many disturbing issues in our society is the abuse of animals. I’m not quite sure what triggers one to be mean to animals. However, just like we have people that are abusive to each other the fact is there are people that have no respect for other living creatures.
One of the most abused animals is dogs. The abuse to our fury canine friends comes in so many different forms. Whether the abuse is from the physical abuse involved in training them to fight or the confinement issues they face in puppy mills, with neglect, lab testing, or hording, are other types of abuse that dogs may suffer from. No matter the type of abuse or whether the abuse is intentional or not, the dog endures there is also psychological damage involved.
Recently on our local radio station KOZZ had an interview with Kristen Ivey with the Canine Rehabilitation Center and Sanctuary (CRCS).
After hearing her organizations philosophy on how they address their “clients” , as the focus is on “recovery” . Understanding the form of rehabilitation that CRCS clients receive from the various types of abusive situations, I had to talk to Kirsten to see how we could help.
The very nature of CRCS separates the organization from what many of us know as a shelter. As a matter of fact some of the “clients” coming to CRCS come from no kill shelters and suffer from confinement issues.
Canine Rehabilitation Center and Sanctuary (CRCS) is a 501(c)3 non-profit organization. Our mission is “To inspire, educate and motivate the human spirit. To save, nurture and love the canine spirit and to bring the two together to change the way the world views, rescues and places homeless dogs.”
- We are dedicated to helping dogs recover from trauma such as abuse, neglect, long term confinement, and other special cases. Our program provides rescue, recovery, socialization, training, and placement for dogs that shelters and rescue organizations cannot place.
- Our program is dedicated to the dog that sits in a shelter for a year or longer waiting patiently for someone to come along and say “that’s the one I want” only to meet the dog and then say “no thanks”.
- We are dedicated to the dog that is unlucky enough to be a product of a puppy mill and live years in a cage, unaware of what it feels like to run free.
- We are dedicated to the dog whose owner isolated her in a yard for years and forgot to socialize her, stimulate her, and offer guidance.
- We are dedicated to the dog that is ill due to environment or age and doesn’t have a family or home to call their own.
- We are dedicated to the dog that, because someone forgot to take the time to work with them, ended up in a shelter, adopted then returned then adopted then returned.
This program is for you and your precious doggie soul. We know you can do it, someone just forgot to show you how. We don’t care about your size, your age, your breed, your past, or your condition. We just care about you. This is your chance to learn. This is your chance to look up and say “hello world”. Only we think you should enjoy it this time around. And you will, we just know it. God speed my sweet friend. God speed.
For those you that have lived in the Reno area for a while you’re familiar with the Cattleman’s Restaurant location in Washoe Valley. You also know that Cattleman’s has not been serving up those tasty porterhouses that made them famous for quite some time now. With the building being empty for four years one can well imagine that there are many needs. One of the biggest needs is assistance for the Doggie Condos. The philosophy of the Center is to make the canine comfortable, this means not caging them unless absolutely necessary. So should you have some mad carpentry skills…give Kristen a call as she will definitely put them to good use!!!
Actually while we’re on that subject, any type of skill you have, this is a nonprofit and every business needs a good write off. This is an opportunity to assist a very great cause and get yourself some great press while you’re at it. Yes landscapers, electricians, plumbers, masons and tile setters. Any and all skills sets and services are needed to help with completing the creating of a very unique canine service facility.
Currently The facility at CRCS is staffed with volunteers. I asked Kristen How can one volunteer?
We are always looking for help and there are so many different things to do! Whether you have a talent that could help us, a business that could team up with us, or you are ready to put in good hard labor working with dogs, at events, administrative, or even networking, we welcome you!
Volunteer applications and liabilty waivers can be found at the following link CRCS Volunteer Application and Release of Liability Form and may be emailed to Jodi at firstname.lastname@example.org, dropped off at CRCS, or mailed to CRCS at:
555 US HWY 395 North
Carson City, NV 89704
What if someone can’t spare time to volunteer and still would like to help. What can they do?
People and organizations in the community can help in two ways. Of course the most obvious way to assist is with cash donations. Another way is to join our sponsor page. Like the Eldorado, KOLO TV8, Alice radio station, Wells Fargo, Thunder Equine Services, to name a few. This list grows every day.
Also another way people can help is via a one time Gifts of honor and memory to give a one time donation include giving a gift in honor such as for a birthday or anniversary and giving a gift in memory.
When you make a gift in honor, we’ll mail a special card from our CRCS team to your special person!
Donations made in memory remember a person or animal who has touched your life. We’ll notify a loved one of your donation through a mailed card or e-card with your personal message.
Buy a Brick
Other ways to help. “Buy a Brick” You can become come a part of the CRCS campus. Buy a brick with your name or your business name engraved on it or dedicate it to a special pet! The bricks will be placed outdoors in a beautifully landscaped area where both dogs and people will spend time each day. An area of peace and relaxation, helping each dog discover life and positive energy on their journey to recovery.
You can also Sponsor a Dog Condo, the living quarters for CRCS’s clients and since nothing is more important to recovery than play, positive ways to release energy, stimulation, socialization, and training. You can also sponsor a play yard area.
To find out more about how you can help with any of these forms of assistance use the either the “Donate” or “Sponsor” tab on the website.
Remember, with the primary objective of recovery the goal becomes placing the canine critter into environments where they succeed and the process to get the canine companion ready for an adoption placement can take two to three months or over a year. With no time limit on the process one can easily understand the need for any form of assistance.
Sponsor a Dog Condo
Right now assistance is needed to help finish the Dog Condos, for the fury canine critters to live in. So if you have some skills and are looking for something to so this weekend, contact CRCS and make arrangements to get involved in a very worthwhile project. Also look for CRCS’s next fund raiser sometime in June.
Of course you can visit the website
Canine Rehabilitation Center and Sanctuary
555 US Hwy 395 North
Carson City, NV 89704
I cannot say just how much I was impressed with what is being accomplished at CRCS. I sincerely hope you’ll be half as impressed with the efforts the volunteer’s, sponsors, and people that have donated to CRCS, as I have been. The holistic approach CRCS applies to the recovery process combined with the fact their efforts to place their clients in the best possible setting to be successful truly makes the Canine Rehabilitation and Recovery Center a unique one of a kind facility that the entire community can be proud of.
Until Next Time
Written By: Aaron Aveiro
Photographs Michell Ting
Accounting Department States, Did Not Realize February was A SHORT month!!!!!
ARE YOU SERIOUS?? What planet have the accountants for PK management grown up and lived in all their lives???
This poises a very interesting dichotomy…Is PK Management solvent?
More on this story as information becomes available.
How’s the Law Read in Your State?
Say No to Aspen grove
In our fourth part of the Job Hunting series we will look at the legality of performing a credit check on someone for the purposes of employment. In part three we discussed the background check, many are finding the difficult pill to swallow of the hit their credit takes when the credit check is also completed with the BC.
I am going to make this very simple today…As many of you know there are true Independent Contractors out here in the Property Preservation Land that have chosen to pass on this Aspen grove Demand….Here is a statement from the body of an email I received from Tina, a networking connection from the place where Chesapeake Crab and the Terrapins hang out, yes folks the great state of Maryland today in regards to the credit check attached to this Background heck issue the Members of the National Association of Mortgage Field Services are forcing upon the BOTG.
Economics are tough these days and many people are struggling and the ability to do a job as a contractor a 1099 vendor does not qualify or quantify in my mind the need to see if my credit score is “X” x being whatever “they” have determined it to be. And my credit score is awesome, I just don’t believe one has the right to need or want my personal social security number if I have a FEIN that the good ole US govt gave me and my business operates under said FEIN nothing else is necessary. With that said we have been deactivated from a few companies but we feel it is there loss not ours. I believe if the issue was clearly transparent I may feel another way, but I do not believe it is transparent and when it is all said and done that is a lot of information a company can abuse. I just wanted to share the link and my thoughts.
That is the voice of a true Independent Contractor whom expects you to conduct Business to Business or B2B with her company. Thank you for standing up Tina.
This is for the Nevada folks…
Passed Assembly 6/4/11
Under existing law, a person who complies with the requirements of the Fair Credit Reporting Act, 15 U.S.C. §§1681 et seq., and chapter 598C of NRS is allowed to obtain a consumer report for purposes relating to the employment of the consumers bill prohibits a person from procuring a consumer report for purposes of evaluating a consumer for employment, promotion, reassignment or retention as an employee unless: (1) the use of the report is required or authorized by state or federal law; (2) the person reasonably believes that the consumer has engaged in specific illegal activity which is likely to be reflected in the consumer report; or (3) the information in the report is substantially related to the evaluation of the consumer’s likely performance of the duties of the particular position for which he or she is being evaluated. This bill also provides that a person who is prohibited from procuring a consumer report for purposes related to employment is also prohibited from requesting a consumer to furnish his or her consumer report to the person or to authorize a reporting agency to furnish the report for those purposes. Existing law provides that if a consumer places a security freeze on his or her file maintained by a credit reporting agency, the agency is not allowed to release the consumer report without the consumer’s consent except for certain purposes, which include certain purposes relating to employment of the consumer. (NRS 598C.350, 598C.380) This bill revises the scope of that exception to conform with this bill.
Ok now How about if we make it so one understands this…it is illegal for anyone to demand you provide credit information for the purposes of providing work, oh and they also cannot ask that you…provide…pay for the check..The basic jist of Nevada law is that a credit report must be for the purpose of extending credit. Which means that we have the right to credit check Safeguard Properties and not the other way around….You can also find information on work and credit checks through the Department of Labor
How does your state compare? Check here. As for all the Nevada people, you now nave something to use when you draw your line in the sand…you have the law on your side to be able to stand up and say no…
again this is something that many people will have no clue about. The need to understand your local laws and regulations governing business
What you gonna do when they call on you??
Renown Regional Medical Center has invited NevadaGrown to participate in a local food fair/farmers market during the month of March,
Nevada grown is currently looking for interested producers. It is a good opportunity for sales, promotion and education. Please contact Ann Louhela with Navada Grown if you are interested. Details are below.
Event Schedule Dates and Information.
When: 11 a.m. – 2 p.m., Every Wednesday in March (March 5, 12, 19, 26) – You can attend all or some of the dates, depending on your schedule.
Where: Employee cafeteria at Renown Medical Center, 1155 Mill St., Reno
Why: To educate Renown employees, visitors and patients on the benefits on local food. Sales are allowed.
Cost: Free for vendors and public
Vendor booth: 6′ table is provided. Sales are allowed. If your crops are not yet available,it is a good opportunity to promote your farm and events. It is also good opportunity to promote local CSAs.
Promotional opportunity: If you have promotional material for your farm, but cannot attend, we can include it on the NevadaGrown table. Vendor is responsible for providing the materials. Please call or email for mailing address.
RSVP by Friday, Feb. 28 - Please reply by email or call me, 775-351-2551, if you are interested in a booth so that we can reserve a space for your farm or organization. There is room for approximately 10 booths.
How’s The Organic Farming in Michigan???
Can I get an OOOPPPSSS
Since “Jay apparently has an issues with the First Amendment, Psychotic Bloggers, Organic Farmers and oh gosh how do we forget the people he owes monies to that have allowed him to collect monies from Altiscoiurce a member of the National Association of Mortgage Filed, (NAMFS) an organization considering “Jay” for membership. Something that shocked no one associated with the Property Preservation Industry (PPI). No, no surprise at all since “Jay’s” current behavior of blaming everyone else in the world for his nonpayment issues to the Boots on the Ground folks that provide “Jay” and his Polish counterparts the ability to place food on their table while they have to ask the government agencies for assistance. Hey…Just a day in the Life… Huh “JAY”???
How about we show some “Jay’s” ethics and show everyone why “Jay” and Michigan Realty Solutions will fit right in with all the other scoundrels and scallywags that are members of NAMFS that are also beating the BOTG out of their money.
Remember the article with the email “Jay” sent all his current “activate and inactive” vendors. Yes, the one where he listed Aladay LLC, as an inactive vendor..Yes the article where “Jay” made some pretty bold statements. Well shucky-darn “Jay”…look what this organic farmer mushroom head discovered….
“Jay” knows Photoshop
Perhaps you, as I are beginning to understand the confusion with Altisource’s Sponsorship of Jay. Nothing really is ever what it seems. It expired in 2011 — about 3 years ago. Something else that is just a scouch confusing , is that “Jay” is broadcasting on his Facebook Page that he is doing business down in TN. It seems the Secretary of State in Tennessee has nothing on Jay. However, they became very interested when the discussion on precisely how much money was being moved around without any of the taxation attaching. Now, I personally do not know if Altisource is sponsoring “Jay” or not to work in TN as well, but I do know that he is on TN’s radar now. Blip…blip…I also know that NAMFS lists the reference letters came from…
Reference letters provided by Altisource and PPW…this is on the pending membership announcement in the newsletter….a misprint??? Or misinformation??? Either way, bet the issues is addressed a lot sooner than “Jay” would like…
Perhaps “Jay” can shed some light on this? Granted nothing major, however, this is contrary to what “Jay” would like everyone to believe, I do believe that “Jay” has been having some questionable behavior with the money for quite sometime now.
Another claim from “Jay”
What is that is said about the tangled web thingy? Oh Golly-gee please forgive me. After all I’m just one of those organic farmer bloggers that don’t know notihin’ form nothin’ ceptin’ for the BOTG that have worked for this guy and placed all their resources into play so “Jay” could go to Vegas and play craps, and then belittle and degrade them, threaten them with fear they will not receive their and want them to cower in the closet like scared emplactors*** like the other members of NAMFS do when the BOTG ask for their monies while violating the IC/employee relationships. Oh and “JAY” you may what to ad photoshop to your very impressive resume…
Yeah…guess “Jay” would make the perfect NAMFS member.
Do you have a story? Contact us, we’ll help you tell it.
Written by: Aaron Aveiro
Photographs courtesy LinkedIn, MAR, and “JAY”
Opinions expressed do not reflect those of Aladay LLC Ownership.
***Emplactor is an employee that has been incorrectly classified as an Independent Contractor with specificity to the Property Preservation Industry.
But What The Hey…Us Blogger Don’t Know Squat…
Raymond “You’re Fired” Zembrzycki
I receive the following copy of an email that the “New Director of Business Development” of Michigan Realty Solutions sent one of the many people they are wrongfully keeping monies from. Again, we have one of the many hard working people that completed services on assets of National Association of Mortgage Field Services (NAMFS) member Altiscource.
Well now…ain’t this a hoot. I mean really now if this ain’t a knee slappin’ shucky-darn type of correspondence. I’m going to spell it out for all you folks that are owed money by this company Michigan Realty Solutions. This email to Brian makes, Brian an employee. What everyone needs to understand that received this email…especially if what I’m hearing form many of the people completing work for MRS is the case…if this is the only company you’re receiving work from, you’re their emplactor*** and you have unemployment coming as “deactivating” you makes you an employee as the word “deactivated” is a politically correct term for the phrase “The Donald” has made famous…You’re Fired…
Here is the email that Raymond Zembryzcki the Director of business Development for MRS sent out.
Let me start with the facts, no contractor that has ever worked for Michigan Realty Solutions has not got paid, within due process. Once a contractor becomes deactivated, their payments slow down, as explained in your payment agreement. A lot of these contractors have nothing better to do, after we take all of their work, but to sit around all day and post BS stories on internet blog sites and send bogus emails. Even after all the crap they stir, eventually everyone gets paid, every penny they are owed. It takes longer to get paid after you become inactive, because we are forced to complete an audit of all your completed work for the past 60 – 90 days. Our clients perform their own audit as well. Process takes a while. Once completed, and after client payment is received, payment is disbursed to non-active vendor.
You and our other non-active vendors share one thing in common: your are not truly “into the game” when it comes to property preservation. Maybe you are working in the wrong industry, for the wrong reasons. Sure the overall business model says we work for the client banks, who in turn pay us for the services we provide. But the true reasoning behind what we do is much more involved than that.
We at Michigan Realty Solutions believe in the work we do, and the changes it brings. Yes, we work for the bank, but that is not who benefits from our services. It is about the Communities and Neighborhoods in which we serve. That is who benefits, the people who live next door and down the street. When our crews find one of assets in a rough neighborhood not secured, then we secure it. We then submit our estimates to the bank and hope to get paid. Even if we don’t receive reimbursement, we still know we did the right thing. There is nothing worse than returning to a property to complete a securing work order, and finding house rapped in police crime scene tape. Everything we do is for the right reasons, and that is more important than when we get paid. That is why in most companies, account receivable and operations are two separate departments.
Could you imagine if you went to the hospital, having a heart-attack, and they refused to save or help you until you paid all unpaid invoices? Or how if you called the police while someone was breaking in, and they said they could not respond until you paid your unpaid traffic or parking tickets? In the service sector, work has to continue. In our field of work, this level is no different. Our services have to continue for the safety of the people who could be affected if we don’t. Simple as that.
So at this point, I would like to thank you for the services you did complete for us. We have reassigned all of your work and have deactivated you from our system. I wish you well in your future ventures. I hope you find something that fills both your needs and beliefs, and keeps you satisfied. Good luck and take care.
Director of New Business Development
Michigan Realty Solutions LLC
(586) 646-4441 Office
(586) 610-6106 Mobile
(586) 601-2227 Fax
Let’s address the statements in red.
within due process..Let me get this straight once MRS fires and emplactor they have to go through due process to get paid? Bad Bad Bad statement Raymond…MRS will be going through the “Due Process” of defending this joke of an email in court…not vice-versa
Took all their work= employee status
Not in the Game??? No they are not into the stealing and lying game Raymond
Hospitals routinely refuse service to those whom have no insurance and cannot pay the bill…especially since there has been no services rendered to formulate any type of “invoice> in a hospital setting it’s called a “bill”…bad analogy Raymond.
Boy do they need a much better spin doctor. But HEY!!!! That’s right folks you’ve been fired. Not only that you’ve been fired by Raymond Zembrzicki. So here is an outline of recommendations that our local UEID representative gave an employee in the Bernadine Biafore case I reported on here in Nevada. Report your lack of wage/salary payment to the labor board take you paperwork and go to the unemployment office and file for unemployment, make sure you take the simplistic contract that “Jay” had you sign as I have reviewed it and it will not pass Independent Contractor status and then take “Jay” and his comical deceitful lying pack of scoundrels to small claims court, and if you’re owed an amount that is over the small claims limit, file a complaint with the local District Attorney’s office, and while you’re at it file a complaint with the LARA of Michigan and the Real Estate Board…Let’s be real for one minute. This clown of a businessman that told me personally that he was a Boots on the Ground Contractor for 20 years is nothing more than a common con-artist. He has been telling many of the people he owes monies for over 6 months he has not been paid on work you guys did on Altiscource assets and Altiscource pays every two weeks…dollars to donuts he has been paid and left the money on the crap table in Vegas. There are enough of you to make “Jay’s” life very miserable just as he has done with your life as many of you have had to pawn tools, musical instruments, and borrow monies to pay your bills and place food on the table. Whatever you do, do not do any of the following;
DO NOT SEND THIS JOKER THREATENING EMAILS.
DO NOT MAKE ANY PHONES CALLS IN A THREATENING MANNER.
DO NOT MAKE HARASSING PHONE CALLS.
DO NOT MAKE ANY TYPE OF STATEMENT THAT MAY BE CONSTRUED AS A THREAT.
AS A MATTER OF FACT AS A CONSULTANT MY ADVICE IS THAT YOU MAKE NO CONTACT WITH ANY OF THE PEOPLE AFFILIATED WITH MICHIGAN REALTY SOLUTIONS AND ALLOW THE LEGAL PROCESS TO WORK FOR YOU.
That is how I would handle the mess…again I have been asked for my opinion on this matter and just like I have been asked for my opinion on many other instances regarding non-payment issues with several companies in the Property Preservation Industry. I will always advise in the same manner, allow jurisprudence to take its course. While I understand how frustrating this may be you must understand this concept of what will transpire when you start sending the threatening emails, and phone calls.
Folks like “It Ain’t Your Payday Jay” or “Beat You For Your Money Bernadine” they will always play the “you’re a pissed off worker” card that they did not pay for whatever reason and I’m just the poor business person trying to be respectable. They have a business license, websites, business cards, they will approach law enforcement in a calm manner to show your hysterics…so be smart and think smart and allow the systems that the bozo’s are manipulating and taking advantage of to beat you out of your money to work for you. Believe me when I say, the truth will prevail. Look folks there are many of us out here that will tell your story and expose the clowns in the three ring circus for exactly what they are. Scallywags and thieves.
Be sure to come back as I will profile the Michigan Realty Solutions Contract and show everyone that does work for MRS why they are an employee of MRS…
PS: did I mention the violations of the Service Contract Act and the Prompt Payment Act????
Do you have a story? Contact us we’ll help you tell it.
Written By: Aaron Aveiro
Photograph Courtesy Facebook
Opinions expressed do not reflect those of Aladay LLC Ownership
***Emplactor is an employee that has been incorrectly classified as an Independent Contractor with specificity to the Property preservation industry.