Category Archives: Employee

Employee or Independent Contractor…Question has been answered

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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
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This entry is part 4 of 4 in the series PPI Watch List
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

Freddie, Fannie, Fees & the Emplactors

Organics Admin
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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
Organics Admin
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Contact us today to inquire about radio advertising for your company
Contact us today to inquire about radio advertising for your company

With the recent reduction in fees paid out for completed services on foreclosed assets belonging to Freddie Mac (FMC) and Fannie Mae (FM), especially after Freddie Mac announces that they MADE…profited….2.9 BILLION I would be remiss not to discuss the Independent Contractor (IC) and Emplactor issue in the Property Preservation Industry (PPI).
As many of you know that have followed my writings and those of the Lunatic in The Mountain’s writings, for many years now we have been saying g that there are no IC’s in the PPI. Six years ago I coined the term Emplactor. While Oxford hasn’t acknowledged the word Emplactor, it never the less is a fitting term for a misclassified employee as an IC.
Currently this issue has started to become serious to those agencies that depend on the employer tax contributions. Especially since our elected officials have become so irresponsible with the spending of our tax dollars. I often wonder what would happen to our government if every working stiff went into work and changed their W-4 to 20 dependents so no taxes would be taken out of their checks for the federal and state governments??? Of course employers would still have social security and unemployment insurance division liabilities. I highly doubt they would object to the lower contributions.

How do you think our thieving lying elected officials could operated without cash flow?? How long can you business function? Who would loan our government money to function??? You see folks our government just like the Offender Members Of THE NATIONAL ASSOCIATION OF MANAGEMENT FOR STEALING UNDER THE IRCHISTRATION AND DIRECTION OF ERIC MILLER need cash

Bret Douglas of Ironclad and Eric Miller, Executive Director of NAMFS...Possible Labor Representarive on the BOD of NAMFS???
Bret Douglas of Ironclad and Eric Miller, Executive Director of NAMFS…Possible Labor Representarive on the BOD of NAMFS???

flow to operate. Without cash flow on a daily basis you can not operate. Just ask all the members if labor that were bankrupt buy Shari Nott, Heather Berghorst, Amanda and Adam Buczek how important cash flow is.
Currently there are several lawsuits across the country not only in the PPI but in various related industries. Since the PPI is part of the real estate industry it may behoove everyone in the PPI to pay attention to what Real Estate Agents are claiming in the recently released White Paper by the National Association of Realtors (NAR), as the similarities of Realtors issue sure echo those of the PPI.
Before we get I to the snipIf any of you think this issue. ..Eric Miller and your merry band of Offender Members is whom this paragraph is directed to, since they are too greedy and stupid to remedy the issue on their own…it will not. Not as long as Mr. Williams and myself have platforms to raise awareness in this issue . we never stop helping the Emplactors loosen you despotical grip you have on the PPI

Issue
While the issue of worker classification has been challenged in a variety of industries, the real estate industry’s regulatory structure presents a unique framework within which to operate when it comes to worker classification. The hallmark characteristic of an independent contractor relationship is one where the worker is generally free of contrlower eol.

In a Massachusetts case, loan our government money to function? et al. v. Boston Pads, the plaintiffs alleged that their former broker misclassified them as independent contractors rather than employees, thereby violating the Massachusetts independent contractor statute. Plaintiffs alleged that, among other things, the defendants required plaintiffs to own day planners, pay desk fees each month, have cell phones with a “617” area code, complete office hours duty in some cases, and were subject to disciplinary action if productivity goals were not met.

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Now what the realtors are not forced to do is purchase insurance from a specific provider, they do not have to have a specific type a phone for transferring data, they do have to obtained an overpriced background check from a company in another country with questionable ties to the brokers, they are not told what type if cameras to purchase, or what equipment they have to use unlike Emplactors.
Now this is a hoot…they actually get paid. So wow Emplactors, guess you really did have the short end of a seriously crappy deal courtesy Eric “Crimeboss” Miller and the Offender Members under his watch.
Which begs the question; when will Labor stop ignoring the obvious? Why Labor will nit come together is beyond me. Look The too Big To Fail folk…they can out source everything but the labor…
What they could not do is fulfill their contract. ..THEIR CONTRACT. ..obligations if Labor went on vacation at the same time. I do wonder though, now that Bret Douglas has left the Management For Stealing folks if Eric Miller will be in attendance at future FAST events??? As I pointed out in prior writings Mr. Miller was always a presence at the FAST events. Keeping the watchful eye in the organization’s wild card Bret Douglas.
Did Miller ever assist Bret in getting paid when other members beat Team Ironclad out if money? Did Miller assist Team Ironclad land contracts with a top tier order mill? Nope nothing, all Miller did was take Mr. Douglas’s money smile in his face piss down his back and told him out was raining. Miller treated Mr Douglas like a clueless Emplactor. Reboziating comes to mind. (Another Aaronism I give you this gorgeous Sunday morning)

So what’s next for the PPI Emplactors?

I spoke with Bret Douglas tins morning and I happy to report that he has rebound did nicely from the scam artist and destruction Mr. Miller allowed to country’s this country’s Vet’s. Bret like many of the wise members of Labor shook if the Emplactor label and diversified I to the private sector.
In also happy to report that Bret has rebranded FAST. FAST will no longer be a local organization limited to Florida. Foreclosure Association of Service Technicians will now be recognized as a National Organization will the goal if providing Labor a platform to address issues that Labor deals with in a daily basis. I sincerely hope that Labor will take advantage of this organization and come together to assist each other. By doing so Labor will be able to shake the Emplactor syndrome that Eric Miller and company have created in the PPI.
Have a great day folks…

Remember folks you can catch me on the radio between the 7 and 8 hour on America Matters AM News. In the mornings and in the encore presentation in the evenings on amm.streamon.fm.  or you can always catch up with me on You Tube

Until Next Time
Happy Gardening