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: 5
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 offline
Administrator
 
Join Date: May 2003
Posts: 35,752
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: 5
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 offline
Administrator
 
Join Date: May 2003
Posts: 35,752
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: 5
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 offline
Administrator
 
Join Date: May 2003
Posts: 35,752
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: 6
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
What Fertilizer to Use?
acrajchel
04-07-2014 01:56 PM
Today 05:32 AM
by stevef1201
15 390
danny 2
danny2
Yesterday 10:19 PM
Today 05:13 AM
by Sprinkler Buddy
2 36
I Got Taken...,
Dan Tanner
Yesterday 06:26 AM
Yesterday 08:15 PM
by Dan Tanner
3 107
new to this forum!
mower13126
04-18-2014 07:37 PM
Yesterday 05:34 PM
by Sprinkler Buddy
3 95
Lawn Renovation
stevef1201
04-11-2014 12:00 PM
Yesterday 03:15 PM
by stevef1201
9 259
employee pay
4 seasons maintenance
04-10-2011 09:34 PM
Yesterday 12:19 PM
by kslawn
19 6,770
REO calling
Dan Tanner
04-16-2014 05:03 PM
Yesterday 11:17 AM
by kslawn
11 258
this mower is driving me...
boog
04-17-2014 12:07 PM
Yesterday 10:59 AM
by kslawn
4 132
Customers droping like...
goodtimez
04-18-2014 09:53 AM
Yesterday 08:09 AM
by CDLAWNCARE
7 160
Back for this year
xandrew245x
02-21-2014 04:30 PM
Yesterday 07:59 AM
by xandrew245x
14 864
Any greenhouse operators...
GoGreenerKS
04-15-2014 11:21 AM
Yesterday 07:49 AM
by CDLAWNCARE
4 139
Looking for advice on a...
Tekeda1
04-13-2014 09:53 AM
Yesterday 04:22 AM
by Tekeda1
17 381
2.5 acre mowing
xandrew245x
04-18-2014 06:55 AM
04-18-2014 08:57 PM
by xandrew245x
6 119
Best Bulk Mulch delivery...
Steven Virgadamo
04-18-2014 09:52 AM
04-18-2014 05:34 PM
by Steve
2 67
Steve Virgadamo,...
Steven Virgadamo
04-18-2014 09:49 AM
04-18-2014 05:08 PM
by Steve
2 58
Instagram
Gerardo_Landscape
04-16-2014 11:28 AM
04-18-2014 04:51 PM
by Steve
3 100
Help with weed liability!
Prolawnofchatt
04-15-2014 09:10 AM
04-18-2014 04:47 PM
by Steve
5 193
These are the days on...
ExtremeLawncareServices
03-22-2014 09:12 AM
04-18-2014 04:41 PM
by Steve
31 1,076
Nationwide lawn care...
Billy Goat
04-15-2014 05:21 PM
04-18-2014 04:39 PM
by Steve
9 215
Truck Signage
Dan Tanner
04-16-2014 11:00 PM
04-18-2014 04:04 PM
by stevef1201
10 212
leaf removal
tlf59263
04-15-2014 10:00 PM
04-18-2014 03:59 PM
by stevef1201
6 179
Pay per click advertising
roostertail
02-12-2014 07:26 PM
04-17-2014 07:11 PM
by yardrate
10 609
Accepting credit cards,...
Darksteel
03-17-2014 08:01 PM
04-16-2014 01:02 PM
by jymie
15 727
Trimec
acrajchel
04-15-2014 08:24 PM
04-16-2014 11:10 AM
by Steve
3 107
Gopher Forum Discount!
BlackRain75
04-12-2014 10:44 PM
04-16-2014 10:50 AM
by Steve
9 278
hello
NFrailey
04-15-2014 01:39 PM
04-16-2014 10:48 AM
by Steve
1 98
Pricing a Mulch Job
dmcalpi
04-07-2014 02:16 PM
04-16-2014 09:40 AM
by jymie
21 622
google earth
CDLAWNCARE
04-12-2014 03:24 PM
04-16-2014 09:36 AM
by jymie
8 236
There has to be an...
CDLAWNCARE
04-14-2014 12:59 PM
04-15-2014 04:06 PM
by Dan Tanner
6 175
First Day Back!
BelleCityLawn1
04-09-2014 09:13 PM
04-15-2014 11:16 AM
by Steve
11 310
Mow America
stevegredler
04-13-2014 01:02 PM
04-14-2014 09:53 PM
by kslawn
5 212
Power Broom
acrajchel
04-14-2014 07:46 AM
04-14-2014 12:47 PM
by CDLAWNCARE
2 108
Say Hello !!!
Steve
03-19-2007 11:18 AM
04-14-2014 11:34 AM
by Steve
1,176 285,687
Equipment reviews
Greg'slawnandlandscape
04-09-2014 07:17 AM
04-14-2014 11:27 AM
by Greg'slawnandlandscape
13 451
Sulky and Turf Tracer
acrajchel
04-07-2014 01:44 PM
04-14-2014 10:51 AM
by Steve
8 362
Aerating Prices?
Dan Tanner
04-08-2014 03:16 PM
04-14-2014 10:31 AM
by Steve
13 449
Estimating help
acrajchel
04-11-2014 06:06 PM
04-14-2014 10:20 AM
by Steve
3 176
Need help bidding church...
GreenRidge Lawn&Landscape
04-07-2014 08:01 PM
04-14-2014 09:49 AM
by Steve
12 428
Hello all
Griff20114
04-12-2014 05:08 PM
04-14-2014 09:46 AM
by Steve
1 120
Step by Step Spring Lawn...
WarriorLawnscaping
04-10-2014 07:01 AM
04-14-2014 09:43 AM
by Steve
5 253
Jeff Cowden
jcowden
04-11-2014 07:27 PM
04-14-2014 09:39 AM
by Steve
1 114
Exmark Commercial 30...
Dan Tanner
04-11-2014 05:35 AM
04-14-2014 09:37 AM
by Steve
4 201
What Was Your Setup When...
superrman77
02-11-2014 10:53 AM
04-14-2014 08:04 AM
by acrajchel
21 1,602
Small guy time to get a...
googus
04-08-2014 08:16 AM
04-13-2014 07:18 PM
by A. Kulak Landscaping
9 333
Weekly vs. Bi-weekly
CDLAWNCARE
04-12-2014 01:48 PM
04-13-2014 06:03 PM
by kslawn
9 341
Weed ID help
TwinBrosLC
04-12-2014 10:39 AM
04-13-2014 07:40 AM
by stevef1201
4 171
Lexington, KY
acrajchel
04-07-2014 01:06 PM
04-11-2014 09:49 PM
by acrajchel
1 142
Food Plot Management
BlackRain75
04-11-2014 10:20 AM
04-11-2014 03:51 PM
by Steve
4 143
Estimating a job
acrajchel
04-08-2014 11:07 AM
04-11-2014 03:32 PM
by Steve
6 312
New Boomless Sprayer!
BlackRain75
01-03-2014 01:01 PM
04-11-2014 03:25 PM
by Steve
11 1,020
» Popular Tags
2wd 4x4 advertisement article marketing birdscaping blower care charge christmas light service collections subcontractor customers echo ecosymbiosis exmark fall ferris financing flower bed for sale four wheel drive franchise fs90r gopherhaul gravely gravely 34" zero turn holiday holiday decorating how much to charge invoice labor cost late lawn lawn care lawn care business lawn care business show lawn clarksville lawn service lawn service clarksville tn leaf cleanup lesco llc marketing monthly mowing mulch mulch price new and restored landscapes new buisness new business oil podcast promotion scag seo snow sole proprietorship starting a business steve stihl subcontractor taxes theft of services tips tree care turfgrass consulting walk behind walker winter yard clarksville zero turn
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 05:43 AM.


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

All times are GMT -5. The time now is 05:43 AM.

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