Prob asked for cash, and that cousin story is a real big lie there!!!!!I guess the cousin knew where to collect all the money too huh?
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Climber was stealing from me.
- Thread starter 2treeornot2tree
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Prob asked for cash, and that cousin story is a real big lie there!!!!!I guess the cousin knew where to collect all the money too huh?
Bigus Termitius
Addicted to ArboristSite
Exactly....
I think this whole story is bunk!!! C`mon......gonna 1099 him, then his cousin & your climbers wife show up at your customers for pay?? I dont know whats worse him telling you that story or you telling it to us??
REALLY???.......how would the wife know where the customer lived? there are too many un-answered questions here about the legitamacy of this operation & honestly Im thinking someone owed someone who just took what he was owed, if the job was complete & money owed.........then why didnt the biz owner collect it?
Ohh & BTW........ unless you are a Creditor, showing up at the 341 hearing & trying to collect will not work!!! totally different circumstances, I tried it with a person that owed me $5000.00 & it was laughable...........not a creditor & the fair credit reporting act & all laws pertaining to such dont apply.........you provided a service & therefore a complaint must be filed "theft of service" the long & short of it.................write it off
LXT...................
REALLY???.......how would the wife know where the customer lived? there are too many un-answered questions here about the legitamacy of this operation & honestly Im thinking someone owed someone who just took what he was owed, if the job was complete & money owed.........then why didnt the biz owner collect it?
Ohh & BTW........ unless you are a Creditor, showing up at the 341 hearing & trying to collect will not work!!! totally different circumstances, I tried it with a person that owed me $5000.00 & it was laughable...........not a creditor & the fair credit reporting act & all laws pertaining to such dont apply.........you provided a service & therefore a complaint must be filed "theft of service" the long & short of it.................write it off
LXT...................
sgreanbeans
Treeaculterologist
2treeornot2tree
Dont cry, just do it
The customer wasnt home when we were done. I dont know why she paid him cash, knowing that I told her when I meet with her and her husband that i would send them a bill if they werent home when we were done. lxt, i didnt owe him anything. He was paid when I told him I would pay him, just like all the times before. He knew it wasnt his money. What questions about my "legitamacy of this operation & honestly" do you have? I have no reason to be dishonest.
Did you talk to the detectives yet?
ducaticorse
Addicted to ArboristSite
Lol
Bigus Termitius
Addicted to ArboristSite
I wouldn't give a rip if it was his cousin, or his wife, doesn't matter. Birds of a feather. I'd tell him he better go get his severance from her then.
Not saying you`re dishonest........certain things just dont jive in all this!! first its a 1099, we never got an answer if he was an insured "Sub", then the home owner pays cash? they pay a woman & a man who they have never seen before for "Tree Work"?
Now you find out that it was the climbers wife & his cousin?...........C`mon, sounds like a bonnie & clyde movie!! what did your contract say????? did you have a contract? if so.....then tell the customer they owe you! regardless if they paid someone cash what a nice gift, however if you have a contract then legitimate payment is still due by way of check to business!!!!!
& to answer your question with a question......what about your operation & the story depicted above do you think makes sense....from a legal standpoint?
LXT..............
2treeornot2tree
Dont cry, just do it
I have a full time guy and workers comp insurance. The climber supplies his own gear and normally meets me at the jobs. Maybe I am wrong but I thought that would fall under a sub contractor. I don't know if he has insurance or not, I thought that's why my policy has a thing saying about sub contractors being covered. Maybe I read that wrong. Idk. As far as a contract, I didn't have one with them. I gave them a verbal quote and they gave me a verbal go ahead with that and handshake. Do you have the customer sign a contract or quote for each job?
Is the climber in question covered under your WC policy? Do you tell him when to arrive & leave? is he considered his own boss or does he take direction from you? Cause the PA Dept of Labor clearly defines what is & what is not an employee, you should have all that info along with the new version of the minimum wage standards posted at your office work place......By Law!
Why dont you know if he has insurance? so he gets hurt who is to blame? what if he destroys customer property....?he works/contract climbs for you.. so you will be responsible by default & subject to severe fines for operating in such a manner!
your insurance policy gives you the right to "subcontract" work & in the event damages arise over & above what your Sub`s liability policy will cover then your policy will/may pick up the rest..........you might wanna check with your Ins. Carrier, Im sure they require a subcontractor insurance cert to be on file with them!!!!
No Contract...........it becomes he said she said & sadly enough you are screwed, Before I engage in any work I have the customer sign a work authorization entailing the scope of work to be performed along with legal print, disclaimers, etc.....so as to protect the customer & me................mostly me!
Goodluck & I hope you get things resolved!
LXT................
ducaticorse
Addicted to ArboristSite
What LXT said, AND.
If he's not covering comp on his own, YOU HAVE TO. I don't know what it is for you, but for me its close to 15% of payroll. So if he makes say $100K from you over the course of the year, and you have him 1099 and he doesn't have comp, it means you just earned yourself a $15K bill from your comp ins co. AINT LIFE GRAND!?
Grouchy old man
ArboristSite Operative
I assume it had to be the customer who told you they paid cash to your guy? How do you know they aren't lying? At any rate, I would have billed them and when they said they had already paid I would have said that we have no record of it, where is the receipt? The customer is just as responsible IMO. They should NEVER have paid cash without receiving a receipt from your company. Without a receipt legally it didn't happen so they still owe you. It's the customer's responsibility to go after whoever stole from them not you.
ducaticorse
Addicted to ArboristSite
LOL,
try that with me, and I'll make sure you never get another job in my town.
:smile2:
RVALUE
Addicted to ArboristSite
Very Good Summation.
It may be wisest to leave well enough alone, but he stole from them, or he was 'your' agent.
I will go back into my hole now. No need for RV bashing.
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ducaticorse
Addicted to ArboristSite
In theory, but certainly not in practice. Especially in this particular situation.
Pretty powerful guy for someone living in a city of a couple of million. With that much power you should be mayor.http://www.arboristsite.com/images/smilies/msp_biggrin.gif
We sell about 30-40 jobs a week. Every one has a signed quote from us and no job is started without a written authorization. (either a signature or an email note)
ducaticorse
Addicted to ArboristSite
LOL. I was speaking from a home owners prospective.
Why on earth would I hire a tree service to cut my own trees down?
My point is, that going after a homeowner because he paid the guy who at the time was obviously a representitive of the company is VERY BAD FORM. I'm 99.9 percent positive it wasn't written in the contract that the HO was supposed to hand deliver the payment to the owner of the tree service. HO's constantly hand over payment to my men when I am not around at the end of a job.
And btw, I have single handedly shut down a "competitor" before. Although he made it very easy for me because he was such a piece of shyte.
