DELIVERY MAN DOWN

K

kind_with_the_9

New member
Update: since my accident on scooter while delivering

Broken wrist healed
A stop work order was placed on employer for not having workers comp
He had to pay 1k a day to stay open!
Health department came two days after I reported him, they come every 6 months and all reports get worse every time!
Owner threatened my life several times, had to put a restraining order on him!
The dol awarded me 31weeks of overtime, he refused to pay and I was awarded double what he owed me!
I go to court on the 31st! Small claims against him and his wife! Still debating lawsuit against his inc!!
He hired a attorny for suit under 5k!
He filed counterclaim against me!
He convinced the FL dept of finn services that I did not exist and refused to turn records over in 5 days allowed! Fined for that!
Irs was notified also!
All new employees with him!
Works 14hrs 5 to 7 days a week and missed depositions twice!
Even if he wins the suit he still lost more than the five hundred fifty hospital bill!
Lost all his hair two!!
:lol:
MUST BE AND INTERESTING TOPIC HAD OVER 5000 VIEWS!!
 
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Well out of my own curiosity, what is going on?

Many pizza places hire delivery drivers who use their own vehicles but have no commercial insurance, right? Was that the case with you? Or was this his vehicle? How should this be handled?
 
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Great job, kind with the 9.

But instead of telling us about how bad your previous employers life is, how about telling us about how much better your life is - like how you now own a business, or something. Surely you aren’t just delivering pizzas still, are you?
 
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pj, if the kid broke his wrist delivering, work comp should cover it regardless of the ownership or insurance on whatever vehicle is involved. It sounds like the employer did not have work comp and is skirting wage laws regarding overtime. Work comp is not optional. If this is really what happened the business owner deserves all the bad things that are happening to him. Fly-by-night businesses in our industry hurt all of us.

Businesses who do not declare sales and pay undeclared cash to employees are shorting the rest of the community on several levels:

No sales tax paid: shorts your community and state, mostly pays for roads, fire protection, schools etc etc
No unemployment paid: shorts the state, raises all of our rates.
No work comp paid: shorts the state, rasies all of our rates.
No income tax paid: shorts state and fed, increases costs for all of us
No Fica paid: shorts the feds, hastens the day that we don’t get a check (I am a boomer… that day is not so far off!)
No Medi tax paid: shorts us all

So how do these operations get by? Lower costs due to cheating contributes to the low price issues many people post about here.

I can not say I admire the glee this delivery driver is exhibiting, but I have a hard time sympathizing with the employer if he is one of the scofflaws we have in our industry.
 
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Legit business:

$100 in sales collects and remits $6 in sales tax (just an average)
Pays $30 in wages
Pays an additional:
$2.25 in Fica
$1.25 in work Comp
$1.00 other wage related costs like unemp and medi

Nets 40% on the last $100 in annual sales (remember, all the expenses of the business are paid on the first dollar) = $40 for the owner
Pays about $15 in income tax and fica or self-employment taxes on these last dollars in sales. (If you look at our businesses, what happens if you miss the last $1000 a month in sales? Virtually all of your expenses other than food cost are unchanged which means that the profit on those sales is huge which also applies to the profit on undeclared sales)

Cheater business
Keeps the $6 sales tax
Pays $27 in wages instead of $30 because it is cash saving $3
Pockets the other wage related savings
Does not declare the income or pay the taxes on the business

Impact: Owner puts an additional $28.50 in his pocket on $100 in sales. It is expensive to be legitimate. There should be no cheerleaders for those who cheat.
 
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  1. I agree with bodegahwy that I’ll report any business I find in town that is playing games with taxes and insurances. If it’s the law, then they gotta pay to play like I do . . . I refuse to pay for their ride on the train.
  2. I likewise find no glory in the employee taking such glee in trying to destroy the business. Hold them accountable and pay a little penalty . . . sure. Reveling in trying to destroy a business and a family’s finances . … not as much. I equally despise it in myself when I get the streak of wicked glee in dealing with others.
  3. “MUST BE AND INTERESTING TOPIC HAD OVER 5000 VIEWS!!” suggests this may be either a troll looking to derail our attention to growing our businesses, a rage addict dropping this thread all over the internet, or a delusional and disillusioned goob looking for an ego boost. (88 views when I posted this reply)
 
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No, not in the pizza business anymore, thanks for asking. went to work for a resort selling for 3 months and started my own business and doing very well.

For all of you who have no clue what this is about you need to go back to nov 30th 2006 and read.

It is a very serious that should be learned from, alot of owners think they can get away with not having insurance and not paying taxes and they are wrong. In my situation my former employer is from a communist country about the size of maryland and clueless as to how to treat employees. Becareful your employee could be armed with a business degree and real life experience so if they are good and dont ever think you can treat them like animals!! Alot of you guys dont like any employees getting the upper hand! Especially when it cost you!

Do unto others as you would have done unto you.

Every good honest employer here should commend me for taking out this communists, its uneducated employers like this that help drive your cost up.

Rember what comes around goes around and one other thing, DONT WALK ON WALL STREET WITH BEAR FEET 😉
 
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Xenophobia does not translate in the Think Tank, in most circumstances, as a laudable character trait. You’re giving yourself away more and more as you type. If this thread were about holding irresponsible business owners accountable, you would get more empathy and support for your tach. There’s more going on.

BTW, looked at all the threads on the Think Tank from 11/30/2006 and could not find anything resembling a driver injury. All your posts recorded by the database are on this thread.

The underlying message you are also sharing to employers is to be very careful in the screening and selection process of employees. No matter the business practices, employees area huge liability to the business and should be chosen carefully so as so be a valuable investment and a limited risk. It is incredibly difficult in an interview setting to get a good peek at the character of an applicant, but it is a huge advantage if we can. I can teach a chimpanzee to top a pizza . . . I cannot teacj integrity and/or values that interact well with mine.

With so many pitfall out there: drugs, criminal history, racism, ethnocentrism, megalomania, narcissism, oppositional/defiant character traits, vicitimization scams. . . . they issues are all so hard to figure out and select employees that are both assets to the company when working for us and unlikely to explode into vindictive rage if the relationship goes bad.
 
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Hey Nickstradamos dont insult chimps!!

Pizza is food not life, and this is the real world not Disney world get your head out of the theasours :roll:
 
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So, would it make more sense to hire a driver who uses his or her own car as a 1099 contractor?

I skimmed the other post and it does NOT sound like this driver (making pizza and doing dishes) would qualify as a contractor.

Finally, I have seen people ask several times WHOSE scooter it was and no answer. Either way it sounds like a mess…
 
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pjcampbell:
So, would it make more sense to hire a driver who uses his or her own car as a 1099 contractor?
Click to expand...
Nope. The IRS has shot this down repeatedly. To have a person classified as an independent contractor you can’t control schedule, where the person works from, uniform, business practices, etc.

Don’t, under any circumstances, try to classify a delivery driver as an independent contractor. It could cause a TON of problems down the road.
 
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kind with the 9:
Hey Nickstradamos dont insult chimps!!

Pizza is food not life, and this is the real world not Disney world get your head out of the theasours :roll:
Click to expand...
😃 Lots of people shoot that thesaurus crack at me. Funny thing is . . . that’s how I talk, and I don’t apologize for speaking enlish as my first language. I learned and use sometimes complicated vocabulary. Sorry about that . . . it’s a job skill when negotiating with business people, legislators and attorneys. The word you may be seeking is thesaurus.

Yeah, I knew I would likely hit hot buttons on that reply. I decided to go ahead and send it. For me, the underlying lesson from the employer in question is to make decisions about business and personnel that set set success and protection in the future for the business and the people employed there. This employer, regardless of ethnicity, nation of origin and shoe size made some decisions that put his business and his employees (a vastly undervalued business asset) at risk. Catastrophe hit, and all of that vulnerability hit the employee hard, the business and the owner’s family.

Strong (legal) business decisions, effective documentation, and hiring the best employees available in the market can all reduce the impact of this sort of incident. Being born on a different piece of dirt at a different latitude/longitude doesn’t seem as important.
 
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  1. company auto, employee auto, you see as a Pizzeria Owner-every time you send out a pizza for delivery -everything you own - all your assets, your home, your savings, your kids college funds, maybe even your wifes diamond engagement ring, EVERYTHING may ride on how that driver does the job.
The whole thing is based on the common law theory that the “master is responsible for the acts of the servant.” Its true, you are responsible for what people do on your behalf. There is no way to get away from it. But- the way you handle this risk can make all the difference in your future :?
 
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