B
my town,#2Author of original report
Thu, February 21, 2008
Dan Guerra left me a voice mail on behalf of his company' S. Schwartz Sales informing me that his company would be paying me for demos I completed that were still pending payment. He stated it would take quite some time for Maryann (S. Schwartz Sales) to dig up and review all the completed demo payment sheets I had submitted before she could send me a payment for any outstanding demos. Searching for the unpaid demos apparently wasnt as difficult for Maryann as claimed because Maryann mailed me a company check in the amount of $380.00 dated and postmarked the same day Dan left the message. The check stub depicted bogus demo dates, but regardless, a partial payment was made. How Maryann arrived at the amount of $380.00 remains unclear as no explanation was given. Dan left another voice mail for me again the following day day stating that he was aware that Maryann had only sent me a partial payment check for $380.00 and that in order to clear up the total amount they owed to me, he would be sending me a personal check for $35.00 in order to bring the total payment to $415.00, the amount I originally stated the company owed to me. Eventually, honesty prevailed and the long overdue payments have been paid in full.
Barbara
El Cajon,#3Author of original report
Thu, December 20, 2007
Maryann stated that she was waiting to hear from me and claimed Dan Guerra said he left me a message telling me to call Maryann. Yet, Debra at S. Schwartz Inc. advised me to not speak to Dan and only deal with the company in light of the fact that Dan was leaving me hostile messages. In fact, Dan left me a message warning me to not call his company again. Is this a cat and mouse game of keeping me from talking to anyone?? Until I receive my $415.00 for demo's conducted OVER SIX MONTHS AGO, I will continue to call and write letters and post this story. The demo's were completed in June and July of 2007. Why did they wait until I called to complain to pay me 1/2 of what I was owed back in OCTOBER??? If there was really an issue with the demo claim forms, they would have refused all payments instead of choosing to pay me 1/2 of the demo's. (they chose one per claim sheet to pay) After speaking to the NY Dept of Labor and an attorney, I am confident a judge in court will rule in my favor when presented with the facts. The company chose to pay some of the demo's completed and if there were any legal/legitimate issues with the claim forms, all payments would have been refused. The fact that they paid some of the demo's is directly in my favor as it refutes any claim they may have that there was a problem with the claim forms. There is a small chance the company/Dan will choose to do the right thing and pay the $415.00 and the problem will be over for them. I intend to follow through on this until paid in full. IF the company does pay, I will immediately update this report.
Barbara
El Cajon,#4Author of original report
Thu, December 20, 2007
Company defines a demo person as an independent contractor with little or no rights in comparison to an employee of the company. The reasons for the non payment of 5 demo's totaling $415.00 keeps changing. Out of 5 demo sheets that were turned in for payment with 2 demo's per sheet, the company picked 5 they were 'willing to pay' and also paid the supplies portion of the sheet but are refusing to pay the additional 5 demo's conducted. Claims include: not enough sales were made to warrant payments; not enough of an order was placed to warrant 2 demo's. ALL excuses were only made AFTER my moving out of state and after accepting the demo claims as legitimate (they never questioned or returned the demo claims as invalid). I will be sending a demand for payment letter to begin legal action against S. SCHWARTZ SALES and MILITARY SALES REP DAN GUERRA for non payment of wages earned as a demo contractor.