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Ellington,#2Consumer Suggestion
Thu, October 29, 2009
I took a couple days of training and decided not to pursue working for the distributor.
I have some tax and business experience and have discovered that their contract withe the dealers is illegal. Both at the state and federal level there is a legal defintion of an employee and an independent contractor. The contract that dealers sign with the distributor is so restrictive that under the law the dealers are defined as employees.
That means that the distributor must withhold federal and state income tax (if your state has income tax. The distributor must also pay their share of medicare and social security tax and federal state unemployment tax.
You should file a complaint with your state department of labor and department of revenue.
If you are classified as an employee the company owes you the minimum wage for the hours you worked or at least 40 hours a week.
If you have filed a tax return as independent contractor you should go the website www.IRS.gov and download form SS-8, fill it in and send it to the IRS.
pecknor
Washington,#3UPDATE EX-employee responds
Wed, October 21, 2009
"Where to begin?" would be a better title to this:
I've read now many-many of these complaint reports and I am just compelled to reply to some of these.
I am disgusted to read so many recurring themes; The "hiring" process, the way people are "trained", the guaranteed pay etc.
I
personally sold Kirby Home Care Systems for approximately seven years.
I witnessed many of these tactics first-hand. I do however, want to
clarify some points that should be pointed out (in my opinion).
It
should be known that EVERY Kirby Distributor and all who work in one is
an INDEPENDANT agent. You file a 1099 tax form so you're not really an
employee. Despite the fact that when you are first recruited they
approach you as though you're "interviewing for a job." While I
personally do not agree with the way distributorships "recruit", I do
understand why the approach is used.
When I went in for my
"interview", I went through the same things as everyone else has
commented/complained about however for me, I wanted to try the "Kirby
business". I wanted to get into sales and had always been told, "if you
want to see if you can really sell, go sell vacuums, it's the boot-camp
of sales." I wanted to learn how to sell from a company that had been
in business since 1914. "Hardcore salesmanship" was what I wanted to
learn. I was dead-broke and it took me three weeks to make my first
sale (with no "training wage"). But again, I knew what I was getting
myself into.
I was also VERY fortunate to work for a distributor who
was -gulp- an HONEST distributor. There aren't in my opinion very many
of those in the Kirby business. He genuinely cared about his dealers
and did everything short of selling the machine for me. I SOLD the
machine. I did not guilt anyone into buying anything. The Scott Fezter Corporation has something known as a "Factory Authorized Demonstration" and that's what I did. I knocked on doors and offered to
clean a carpet in any room in the house for exchange of allowing me to
"show some of the new features of the Kirby". Most people that I came
across at one time or another have had a Kirby or grew up with one or
had a family member who had owned one so most of the time people
would allow me to do my thing. Not always and not always happily but
enough that it turned into the "Law of Averages."
Knock on enough doors, do enough demonstrations and the law of averages led to sales.
I
sold machines for a long time and eventually became a "team-leader" and
then a recruiter and field-closer. Finally I became what was known as
an Area Distributor. I believe now they call it "Distributor In
Training."
In my time working with the Kirby Company, I met a LOT of unscrupulous, despicable dealers,
distributors and Regional Directors. But I also met many honest,
genuine and ethical colleagues and yes, I was paid well.
Of course
there's a mark-up for the units just as there is a mark-up for anything
that is bought and sold in this world. In Kirby, the machine comes from
a factory to a Factory Distributor to an agent. For a Hoover or Dirt
Devil, it goes from a factory to a factory distributor and to a
Warehouse/Wholesaler,
then to a Distribution Center and finally to a store and guess what,
there is a mark-up every step of the way. A $300 Hoover at Wal-mart probably has a true cost of around $30 per unit but people are in business to
make money and be paid. I personally didn't play "number games" when I
sold my machines. I sold them at the price that the factory suggested
"MSRP" which is what I believe it's worth and should be paid for. They
are not cheap and these don't break after a couple of years either.
I
know I'm jumping around but I really just want to make the point that
although all of the things I've read on this site are negative
regarding Kirby, not ALL of us who have put our blood, sweat and tears
into going through this boot-camp of selling, are the pieces of crap to
which many of you lump us all into however I do wish there was
something the Scott Fetzer Corp would do to make the experience much less unpleasant for those of you who've been slighted (and rightly so) and exercise some form of control of the individual distributorships.
Finally, just put yourself into the shoes of a Kirby distributor (no suicide jokes now) for just one second. If you want to recruit someone to come and sell Vacuums door-to-door for straight commission with NO guarantee of success or even a sale, how are you going to get someone to even come through the door for an "interview"?
Not
one single person (except for a masochist like myself) is going to
volunteer to walk into a situation like that and so they try to do
anything they can in hopes that maybe just ONE person out of 200 or 300
people decides they're up for the challenge and are willing to do the
work to LEARN the business.. Again, Law of Averages.
While I am not a representative of the Scott Fetzer Corporation and have no affiliation with Kirby any longer, I sincerely apologize for the horrible ways in which you've been treated and perceive the company as a whole.
I
wouldn't trade my experiences for all the gold in the world because I
learned through selling Kirby that I can make my own gold and have the
tools to make it happen.
I hope this makes sense and that at least you're able to see that the "company" isn't the problem but some of it's independent representatives are.
Peace!