Lawn Care Business Forum Lawn Care Business Book Lawn Care Business Blog Lawn Care Software
Home Forum Contract & Flyer Templates Blog Software Videos Podcast Calculators / Estimators Store Mower Review Design It Yourself Lawn Business School

Go Back   GopherHaul Landscaping & Lawn Care Business Marketing Forum > Business > General Business Discussions

General Business Discussions A place to talk about general business discussions.

advice need**crazy situation


General Business Discussions

A place to talk about general business discussions.
Reply
 
Thread Tools Search this Thread
  #1  
Old 12-14-2009, 03:05 PM
Jstucin5525 Jstucin5525 is offline
Junior Member
 
Join Date: Aug 2009
Posts: 5
Rep Power: 6
Jstucin5525 is on a distinguished road
Default advice need**crazy situation

Hello,

I am not sure this is the appropriate spot to post this thread- if it is not I can repost it somewhere else.

I am looking for advice and opinions regarding the situation I will describe. Any thoughts are appreciated thank you.

Situation:

My husband started working for a lawn care company in March 2009 until September 2009. He did not have lawn care/landscaping experience before, he took this job because he lost his job and at the time this was the only job he could find.

The lawn care company he worked for – the owners, a wife and husband team (the wife is the legal owner of the business and her husband helps her since he does not have a job) bought the company from someone else that started it. These owners did not have lawn care/landscaping experience at all. In addition, they never managed a business before either. The company has about 50 accounts and the wife and husband managed it, and my husband and one other worker.

In September, my husband was told to weed-eat a small courtyard with pea-gravel by the owners. My husband did it. The weed-eater kicked up some of the gravel and broke the house owner’s window. My husband apologized to the owners of the lawn care company and they said it was not a big deal.

About a week after this happened my husband found another job working for the city. He was not happy working for the lawn care company because he was working on 15% commission and there were a lot of times when my husband’s paycheck just did not add up. We both spoke to the lawn care company about this several times and they had every reason in the book or excuse for the pay difference – one of the excuses being, “well we cut gas money from your paycheck” or “our leave blower broke so we cut that money.” We bit our tongues because my husband needed the job until he found something better.

So, after the window accident my husband found another job, told them he was leaving and they went nuts. They told him it was his fault the window broke and their business insurance will not pay for it. In addition, they did not pay him his last paycheck – at that time we were not concerned about the last paycheck because we were glad he no longer had to work for these people.

We did not hear anything from them until this week. They sent a certified letter to my husband stating the window broke due to my husband’s negligence and their business insurance does not pay for it because the deductible is too high. So, they paid for it out of the operating expenses and now they want their 196 dollars back. Thye enclosed a copy of the receipt for the window.

In addition, in the letter they stated my husband borrowed 300 dollars from them, paid 250 dollars back, and that they want the 50 dollars to be repaid. Well, my husband for a fact did not borrow any money from them (I know with certainty) and he never signed a paper saying he does, and they do not mail any proof.

In the end of the letter, they say if my husband does not pay the 196 dollars plus the 50 dollars back they will take him to civil court.

We just mailed them a letter out today (certified) stating my husband never borrowed money from them and to explain the 300 dollars, and to provide proof of the borrow. We told them we would not pay for the window because my husband followed their instructions for that yard and the window breaking was an accident, and that this goes along with owning a business, and being responsible for it.

So, that’s the end….what does everybody think of this crazy situation? Comments, thoughts, advice….if these people take it to the civil court what do you think will happen?

My thoughts are a judge would throw it out because the owners told my husband to use the weed-eater and they were there on-site. I think this expense goes along with being a business owner.

Sorry the post is long.
Reply With Quote

Stop guess-timating. Learn how to estimate and make money! $$$
Mow Time Estimator Lawn Care Price Estimator Mulch and Topsoil Calculator Snow Plow Estimate Calculator


  #2  
Old 12-15-2009, 02:00 AM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 36,307
Rep Power: 10
Steve has disabled reputation
Default

Lawn care business tipsLawn Care Business Book
That is a very interesting situation. All in all you have to first realize that job was bullsh*t.

You mentioned they were paying him 15% of the job? Were they claiming he was a subcontractor? Were they paying him with a 10-99 form? How were they dealing with the tax issue? Was it a w-2? Were they with holding taxes?

I would venture to guess they weren't with holding taxes. See this is why it's so much better to be legit than not.

Say they piss you off enough over this and you contact the IRS on the way they were handling all this. They would be in a really bad spot.

Read this:
Is there a difference between an employee and a subcontractor? PDF File

I bet you could take them to small claims court to collect your last paycheck too. They just can't willy nilly decide to hold it like that. I am sure a lot of small rinky dink business owners think they can. And I am sure some do it all the time. Everything is fine until someone complains.

Read this:
Employer Negligence Through Illegal Paycheck Withholding - What to Do?

I wouldn't worry about their 'certified letters.' They can send all the certified letters they want and it means nothing. If they want to take you to court, they should. Let it all come out.

I am sorry you are dealing with this.

If you get to uncomfortable with the situation, talk to a local lawyer and get some help. Also, I wouldn't send them any more letters to them until you talk to a lawyer.

Keep us posted on how this goes because I am sure you are not the only one dealing with such a situation. Other readers I am sure are too.
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
  #3  
Old 12-15-2009, 02:31 AM
CHEESE2009's Avatar
CHEESE2009 CHEESE2009 is offline
Dr. Scott - Ruler of the Underworld
 
Join Date: Mar 2009
Location: Switzerland, Grindelwald
Age: 73
Posts: 4,475
Rep Power: 10
CHEESE2009 is on a distinguished road
Default

Well that's a pathetic company.

Your husband was hired to do the job, which means he was employed by them.

Which should mean that the damage is at the companies expense & not your husbands.

There are so many scenarios where the company would cause problems for itself over your husband.

Even if your husband wasn't in the books & the company took him to court, they would just tell the company they are at fault for not having him in the books before they point a finger at your husband.

Hmm.

Your husband didn't have to sign a contract before beginning his job with these clowns?

Even if, the company is still screwed up & two faced.
Reply With Quote
  #4  
Old 12-15-2009, 09:45 AM
Jstucin5525 Jstucin5525 is offline
Junior Member
 
Join Date: Aug 2009
Posts: 5
Rep Power: 6
Jstucin5525 is on a distinguished road
Default thanks for the responses

Thanks for the responses everyone.

My husband will receive a 1099 from them, and he will have to pay his own tax for this job. This is another thing we are kicking ourselves for because when he first started working for them I asked if they would be paying his taxes and they said yes, but I never got that in writing. Than later they decided to change it and not pay his taxes. Live and learn - unfortunately it was the only job he could find for six months.

I think if they decide to pursue the civil court than we will counter sue for the paycheck.

But I love the document who gave me regarding the 1099. Because she wasn't treating him like a sub-contractor. So we will be following up with the IRS. I am filling it out right now. Thank you. I had no clue about the requirements for a 1099.
Reply With Quote
  #5  
Old 12-15-2009, 11:07 AM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 36,307
Rep Power: 10
Steve has disabled reputation
Default

Quote:
Thank you. I had no clue about the requirements for a 1099.
It's not something that is common knowledge. You really need to look into this further before you pay the extra taxes. Talk with a local accountant or your tax preparer.

Who knows, you may find you learned so much through this process that you decide to start your own business.

Keep us posted on this.
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
  #6  
Old 12-15-2009, 07:08 PM
CHEESE2009's Avatar
CHEESE2009 CHEESE2009 is offline
Dr. Scott - Ruler of the Underworld
 
Join Date: Mar 2009
Location: Switzerland, Grindelwald
Age: 73
Posts: 4,475
Rep Power: 10
CHEESE2009 is on a distinguished road
Default

This just might be Karma's way of saying things will only get better!

I hope everything is settled & that you & your husband will be rid of the stress this may have caused you both.

There was a company I had called when I got ripped off from a job 4 years ago, I wish I remembered the name. They took me through all the steps necessary in order to make things right. They took their job seriously when it came to helping me out, which got annoying because they called all the darn time, but what a great company.
Reply With Quote
  #7  
Old 01-10-2010, 11:55 AM
dexter dexter is offline
Junior Member
 
Join Date: Jan 2010
Posts: 7
Rep Power: 5
dexter is on a distinguished road
Default

Thats why we business owners pay liability insurance incase this does hapen.
In your case, I wouldn't pay.
Reply With Quote
  #8  
Old 01-11-2010, 09:04 PM
Jstucin5525 Jstucin5525 is offline
Junior Member
 
Join Date: Aug 2009
Posts: 5
Rep Power: 6
Jstucin5525 is on a distinguished road
Default not paying

They do have insurance and there reason is there deductible is too high. $1000

Which is pathetic reason.

We sent them a letter back stating we are not paying and explaining that we do not think my husband should be classified as a 1099 worker, but as a regular employee. And if they send the 1099 that we will proceed to send the SS-8 to contest the classification.

We have not heard back from them yet. so we will see. tax time is coming.
Reply With Quote
  #9  
Old 01-12-2010, 12:07 PM
Steve's Avatar
Steve Steve is online now
Administrator
 
Join Date: May 2003
Posts: 36,307
Rep Power: 10
Steve has disabled reputation
Default

Keep us posted on how this turns out.
__________________
- Subscribe to my Lawn Care Marketing Blog Feed and get daily tips sent to you. Free!
Download your Free trial of Gopher Lawn Care Software.
Reply With Quote
  #10  
Old 01-12-2010, 03:33 PM
cklandscapingorlando cklandscapingorlando is offline
Senior Member
 
Join Date: Aug 2008
Posts: 198
Rep Power: 7
cklandscapingorlando is on a distinguished road
Default

This lady posted the exact same thread word for word on LS a month ago. She got alot of feed back and if she's for real should know just what to do. Or she's trolling
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
My situation.. It never ends XtreemGreen Trials & Tribulations - The drama of running a business and of life. 18 06-11-2009 01:53 AM
Stressful Situation CHEESE2009 Trials & Tribulations - The drama of running a business and of life. 18 05-14-2009 09:15 AM
Crazy video Steve General Talk 0 11-28-2006 10:14 AM
How would you handle a situation? tiedeman General Business Discussions 6 06-14-2006 09:17 PM
Customer Situation tiedeman General Business Discussions 13 03-29-2006 12:11 AM

» Recent Threads
  RatingTitle, Username, & Date Last Post Replies Views
Walk Behinds and Texas...
SGL1
08-26-2014 03:53 PM
Yesterday 11:36 PM
by SGL1
7 242
snowplowing
jshak40
Yesterday 07:20 AM
Yesterday 07:55 PM
by jrs.landscaping
5 109
Brake job!
kslawn
08-30-2014 07:49 AM
Yesterday 05:57 PM
by 04bluesilverado
5 154
Trailer tires
J.A.S.LawnService
Yesterday 10:17 AM
Yesterday 11:39 AM
by stevef1201
1 60
Mowing 7 acres
avetslawncare
08-31-2014 04:24 PM
08-31-2014 05:55 PM
by stevef1201
3 110
Help pricing cut down 7...
Bradcook21
08-26-2014 11:17 PM
08-31-2014 04:48 PM
by avetslawncare
6 233
New to the industry-...
Lsmain
08-31-2014 10:53 AM
08-31-2014 10:53 AM
by Lsmain
0 86
Sod
RosalesLawnCare
08-27-2014 03:47 PM
08-30-2014 07:00 PM
by RosalesLawnCare
2 176
Lawn Route Templates
Landscaper1165
08-30-2014 01:52 PM
08-30-2014 05:04 PM
by stevef1201
1 110
Exmark Lazer Z S-Series...
BLC7
08-22-2014 10:18 AM
08-30-2014 09:49 AM
by BLC7
10 412
Hello! New here and...
CaliforniaFriendly
08-29-2014 11:30 AM
08-29-2014 05:39 PM
by jrs.landscaping
1 132
Stihl engine isn't...
Marcintosh
08-12-2014 08:30 PM
08-28-2014 09:28 PM
by Marcintosh
12 549
Hello
jawnebgoode
08-28-2014 08:37 PM
08-28-2014 08:37 PM
by jawnebgoode
0 72
Hello from Ohio
kurtwin
08-28-2014 05:06 PM
08-28-2014 05:06 PM
by kurtwin
0 97
Softball field
kslawn
08-15-2014 09:28 AM
08-28-2014 12:01 PM
by Steve
16 633
Lawn needs top soil What...
jymie
08-26-2014 11:01 AM
08-28-2014 11:58 AM
by Steve
5 233
Say Hello !!!
Steve
03-19-2007 11:18 AM
08-27-2014 08:33 PM
by kurtwin
1,187 331,284
These are the days on...
ExtremeLawncareServices
03-22-2014 09:12 AM
08-26-2014 04:21 PM
by ExtremeLawncareServices
110 6,679
How do I approach...
Bradcook21
08-21-2014 01:48 AM
08-26-2014 05:08 AM
by Billy Goat
12 537
Tender Process
M2Dave
08-24-2014 12:31 PM
08-25-2014 04:14 PM
by Steve
2 216
Grass hopper mower
ExtremeLawncareServices
12-05-2013 08:51 AM
08-25-2014 04:02 PM
by Steve
26 3,874
Need help pricing basic...
Bradcook21
08-22-2014 01:21 AM
08-22-2014 01:05 PM
by Steve
2 307
Yearly contract Pricing
jrob0691
08-21-2014 08:57 AM
08-22-2014 01:01 PM
by Steve
6 381
yearly contract help...
jrob0691
08-21-2014 04:09 PM
08-22-2014 12:48 PM
by Steve
1 254
Pampas bushes
Bradcook21
08-22-2014 01:30 AM
08-22-2014 07:17 AM
by grassdoctore
1 225
2014 Gie-expo
ExtremeLawncareServices
08-19-2014 11:22 PM
08-21-2014 08:50 PM
by phlawncare
2 263
Fuel Can Spouts
Shark1611
08-16-2014 09:09 AM
08-21-2014 08:23 PM
by SGL1
11 509
Have you ever had to...
SouthernRootsLawnCare
07-26-2014 02:41 PM
08-21-2014 05:03 PM
by stevef1201
6 765
Hello
M2Dave
08-21-2014 12:32 AM
08-21-2014 01:38 PM
by Steve
1 234
New Landscaping Business
rekon32
08-16-2014 02:26 PM
08-21-2014 12:33 PM
by SouthallMowing
8 568
Downed Tree Chop Bid
WesleySnips
08-16-2014 03:47 PM
08-20-2014 01:44 PM
by SGL1
10 531
60 inch honda/bunton...
pblawncare
08-17-2014 11:30 AM
08-18-2014 03:19 PM
by Steve
2 277
Replacement Parts -...
nicholas-KC
08-16-2014 08:40 AM
08-18-2014 03:16 PM
by Steve
4 387
Preparing the soil
Billy Goat
08-16-2014 06:18 PM
08-18-2014 03:01 PM
by Steve
1 302
What to pay help
phlawncare
08-04-2014 08:33 PM
08-18-2014 10:33 AM
by jrs.landscaping
29 1,134
Hello
Jeff1
08-07-2014 11:18 PM
08-15-2014 11:53 PM
by Jeff1
11 590
Lie #2 RESIDENTIAL...
ExtremeLawncareServices
01-06-2014 05:02 AM
08-15-2014 01:46 PM
by mattthelawnguy
54 6,706
Need help 30 HP koler...
Shady Grady
08-01-2014 03:31 PM
08-15-2014 08:46 AM
by kslawn
18 769
New Boomless Sprayer!
BlackRain75
01-03-2014 01:01 PM
08-14-2014 02:37 AM
by BlackRain75
12 1,966
first year update
cmdlawncare
08-12-2014 05:41 PM
08-13-2014 03:29 PM
by Steve
1 393
Hello from Jacksonville,...
JM Lawn Care
08-10-2014 07:15 AM
08-13-2014 07:04 AM
by Sprinkler Buddy
9 514
Hello everyone new to...
maddyandrays
08-11-2014 04:51 PM
08-12-2014 08:58 PM
by Shark1611
2 348
Walk behinds
hpruitcei
08-07-2014 06:28 PM
08-12-2014 02:35 PM
by mattthelawnguy
7 622
New name help
stevef1201
08-10-2014 04:27 PM
08-12-2014 12:03 PM
by Steve
6 502
my little green dilemmas
Lawn Techie
08-03-2014 11:47 AM
08-11-2014 01:20 PM
by Steve
7 597
what the best...
CleanCutsLLC
08-02-2014 01:02 AM
08-11-2014 01:16 PM
by Steve
6 650
Texas lawn care company...
Livingston Lawn Care
07-25-2014 11:29 AM
08-11-2014 01:19 AM
by ExtremeLawncareServices
13 902
Covering all the bases
janslawncare
08-08-2014 10:11 AM
08-08-2014 01:41 PM
by Steve
1 440
New from Florida
ADE
08-06-2014 08:40 PM
08-08-2014 01:32 PM
by Steve
4 504
JOB - Landscape Install...
janslawncare
08-08-2014 10:06 AM
08-08-2014 10:06 AM
by janslawncare
0 394
» Popular Tags
2wd advertisement apartment complex article marketing bid blades charge christmas lighting courtesy call credit card processing customers decorating ditches employee problems escrow exmark ferris foreman fundraiser georgia gopherhaul grass gravely gravely 34" zero turn growing a lawn care business holiday lighting how much to charge installation landscape services lawn lawn care lawn care business book lawn care business podcast lawn care business seo lawn care business show lawn care business website lawn care business website seo lawn care seo lawn care website lawn care website seo leaf leaf removal lighting brass outdoor lights marketing native plants new buisness online classifieds outdoor environments payment podcast property management company redmax running a business savannah scag seo snow snow plowing sprayer starting a business steep lawns stihl sulky toro trimmer rack truck new used landscape turfgrass consulting walk behind walker zero turn
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 04:23 AM.


(C) 2011 Riggs Publications - Terms of use & Privacy Policy

All times are GMT -5. The time now is 04:23 AM.

(C) 2011 Riggs Publications - Terms of use & Privacy Policy