I love the Vrdolyak ads. They don’t go to trial any more often than anyone else, but it’s a hoot.
It is true that most cases don’t go to trial, but defending a frivolous or meritless lawsuit is very different from defending one with merit. In this situation, failing to pay minimum wage and overtime is a matter of facts: either you did and you can prove it or you didn’t and you’re likely on the hook for substantial damages and plaintiff’s attorney fees. When I say it is easier to deal with this on the front end, I mean that classifying employees properly now will help avoid lawsuits, settlements, and trials later. Doug From: Af [mailto:af-boun...@afmug.com] On Behalf Of Ken Hohhof via Af Sent: Friday, October 24, 2014 11:05 AM To: af@afmug.com Subject: Re: [AFMUG] Employee damaging equipment Being wrong never stopped someone from filing a lawsuit. You’d think at least it would keep them from finding a lawyer to take the case on contingency. But most lawsuits are settled out of court anyway. I think some lawyers wouldn’t know what to do if they actually had to go to trial rather than just send threatening letters. There’s a politically connected law firm Vrdolyak Law Group here in Chicago (specializing in personal injury and workmans comp cases) that runs radio ads telling you to ask your law firm when was the last time they actually litigated a case in front of a jury. http://www.vrdolyak.com/?menu=radio From: Hass, Douglas A. via Af<mailto:af@afmug.com> Sent: Friday, October 24, 2014 10:33 AM To: mailto:af@afmug.com Subject: Re: [AFMUG] Employee damaging equipment I have to do something! :-) I hate getting calls from business owners who are trying to figure out how not to file bankruptcy because of the lawsuit they just got. Dealing with these things on the front end is always easier, faster, and less expensive. -----Original Message----- From: Af [mailto:af-boun...@afmug.com] On Behalf Of Jay Weekley via Af Sent: Friday, October 24, 2014 10:15 AM To: af@afmug.com<mailto:af@afmug.com> Subject: Re: [AFMUG] Employee damaging equipment Doug will scare the bejesus out of you. Hass, Douglas A. via Af wrote: > > > Cameron--When you owned your WISP, you dodged a bullet. Your > installers were quite likely employees, not contractors. J > > Quick note for everyone on this list: if you have ANYONE that you’re > paying on a contract basis to do work for your business (cash, 1099, > etc.) and NOT as an employee, hit me up off list. You’re quite likely > betting your company’s future existence on it. Some rolls of the dice > come out o.k., as with Cameron’s situation. Many times they don’t. If > you get a claim, you could lose your WISP. Wage and hour mistakes are > that serious. > > *From:*Af [mailto:af-boun...@afmug.com] *On Behalf Of *Cameron Crum > via Af > *Sent:* Thursday, October 23, 2014 10:21 PM > *To:* af@afmug.com<mailto:af@afmug.com> > *Subject:* Re: [AFMUG] Employee damaging equipment > > When I owned a wisp my installers were contractors so I made them > bring their own tools. I figured they'd take better care if them. > Then, while changing a radio on a customers house I found a Dewalt > cordless drill on top of the chimney. I asked the owner if it was > his, and he said no. I asked my installer the next day. Turns out he > left it there almost a year earlier. Go figure. > > On Oct 23, 2014 10:14 PM, "That One Guy via Af" <af@afmug.com <mailto:af@afmug.com%20%0b>> <mailto:af@afmug.com>> wrote: > > I lost a ladder (pretty sure i left it behind a house after a loong > full day install) I replaced it, had I not, I would have expected my > employer to fire me. > > I fried a 500 dollar switch because I pulled an old radio off a tower > but never disconnected the POE, it shorted out. I offered to pay but > the boss wrote it off, I didnt turn in the equivalent amount of > overtime to offset the cost. I was not happy I wasnt held accountable. > > I lost a surveillance camera, so I had them order a replacement and > deduct it from my pay, after it arrived, I found the first one on the > shelf in the van where I looked three times, I now have a camera, I > should have been fired at this point, three substantial items in under > 5 years. > > I had a #10 wrench slide off a roof into the snow never to be seen > again, I didnt like that wrench anyway so i went to the hardware store > and bough a ratchet wrench on the bosses dime. > > There is expected loss, the occasional hand tool, broken drill bits, > zip ties, etc. but pretty much anything over 50 bucks, unless its a > pretty valid reason should be the employees responsibility. You owners > pay us to do a job, as with any job the things you provide cost you > real money, youre not paying us to spend that money needlessly, when > we waste your money we are accountable for the consequences, either > financial or job applications. Not holding us accountable creates a > dangerous dynamic in a workplace. You let us slide on a 300 dollar > ladder, how careful will we be with a 2500 dollar trencher or 5k radio? > > On Thu, Oct 23, 2014 at 9:50 PM, Jeremy via Af <af@afmug.com <mailto:af@afmug.com%20%0b>> <mailto:af@afmug.com>> wrote: > > Well I extremely appreciate the specific FLSA laws on this matter and > the creative ways of dealing with the solution (for those employees > who are not our brothers). Thanks Josh and Travis. > > On Thu, Oct 23, 2014 at 8:05 PM, Glen Waldrop via Af <af@afmug.com <mailto:af@afmug.com%20%0b>> <mailto:af@afmug.com>> wrote: > > I'm not going to screw him over or anything. He offered to pay for the > ladder on his own, just the way we were raised. > > You break it, you bought it. > > ----- Original Message ----- > > *From:*Tyson Burris @ Internet Comm. Inc via Af > <mailto:af@afmug.com> > > *To:*af@afmug.com <mailto:af@afmug.com> > > *Sent:*Thursday, October 23, 2014 8:51 PM > > *Subject:*Re: [AFMUG] Employee damaging equipment > > He said it was his brother right ? Who cares! Your brother is > your blood. Sh!t happens > > Sent from my iPhone > > > On Oct 23, 2014, at 8:47 PM, Josh Reynolds via Af <af@afmug.com <mailto:af@afmug.com%0b>> <mailto:af@afmug.com>> wrote: > > Federal labor law says you can't hold employees financial > responsible for broken/lost tools. (from my understanding) > > Josh Reynolds, Chief Information Officer > SPITwSPOTS, www.spitwspots.com<http://www.spitwspots.com> > <<http://www.spitwspots.com>> > > On 10/23/2014 04:22 PM, Glen Waldrop via Af wrote: > > How do you guys handle it when an employee damages or > loses equipment? > > This is my baby brother's first job. He tied the ladder > and it fell out of the truck, no where to be found. > > He said he's going to either get me one or pay me back, > just curious how everyone else handles this. > > I've never run into it yet. > > � > > > > -- > > All parts should go together without forcing. You must remember that > the parts you are reassembling were disassembled by you. Therefore, if > you can't get them together again, there must be a reason. By all > means, do not use a hammer. -- IBM maintenance manual, 1925 > > > > *Douglas A. Hass* > Associate > 312.786.6502 > d...@franczek.com<mailto:d...@franczek.com> > > *Franczek Radelet P.C.* > /Celebrating 20 Years | 1994-2014 > <http://www.franczek.com/20thAnniversary/>/ > > 300 South Wacker Drive > Suite 3400 > Chicago, IL 60606 > 312.986.0300 - Main > 312.986.9192 - Fax > www.franczek.com<http://www.franczek.com> > www.wagehourinsights.com<http://www.wagehourinsights.com> > Connect with me: > linkedin <<http://linkedin.com/in/douglashass>> > > twitter <<https://twitter.com/WageHourInsight>> > > > /Circular 230 Disclosure: Under requirements imposed by the Internal > Revenue Service, we inform you that, unless specifically stated > otherwise, any federal tax advice contained in this communication > (including any attachments) is not intended or written to be used, and > cannot be used, for the purposes of (i) avoiding penalties under the > Internal Revenue Code or (ii) promoting, marketing or recommending to > another party any transaction or tax-related matter herein. / > ---------------------------------------------------------------------- > -- For more information about Franczek Radelet P.C., please visit > franczek.com. 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