Here is the letter I sent Mike explaing my experience working for this company as an independent contractor...

1/24/2017

 

From Dr. Turi

(((REDACTED)))

Phoenix, AZ 85016

 

Att:  Mike (s)

Just to let you know that; yesterday 1/23/2017 I left the warehouse after a few hours of waiting. I understand that your time is precious Mike but so is mine! You usually call me every morning to ask me if I am on my way, you did not call this morning thus I gather you fired me!

And as an independent contractor I do not work for you but with you and you cannot impose your own rules and make us wait for hours for you to get a call for a job!  Thus I had all the right in the world to live and expected a call if or when you had a job for me! No call from your office!

Factor 19 Can't be fired at will

Contractors can't be fired so long as they produce a result which meets the contract specifications.

 

I have a few things to say that are quite important for you two to acknowledge. First if you recall our last discussion in your office? You mentioned that no one mess with you, and I replied; “I am the same, do me wrong and you will have your worst nightmare going back at you!”

And both of you did just that, you abused me and I won’t let you get away with it, period! When I knew what both of your characters were all about I started taking pictures of work contracts, addresses and telephones of your clients knowing you would not hesitate to screw me! Note I also work with the police and teach them Astroforensics!

I am not a stupid kid you can manipulate and get away with it! I am the most charming, loving, correct person but you crossed me too many times for me to let it go!

• My training was to be only 3 days, yet you kept me working for Mike for a week!  While I did not like the rock loud music and pot smoking on the way in and out of jobs, I kept my mouth shut and took some pictures of the pipe!
• Note also I worked my a*s off to cover the biggest deal you ever had with the “new millionaire,” from Scottsdale, Mrs. Morgan. The only mistake I did was, when speaking to her outside her home, to tell Mike she also needed a tile job! But as a very good, courageous, decent person I did just that and I am sure Mike forgot to mention this fact to you!
• To do the tile work, you hired a subcontractor which was the laziest person I ever encountered in my life. Next I found myself, a 67 year old man on top of very high ladder risking my life doing ALL the vents! Mike told me I should not have done it but never acted upon it in the house of Mrs. Morgan in Scottsdale!

Factor 7 Control their own assistants - Contractors shouldn't hire, supervise, or pay assistants at the direction of the hiring company. If assistants are hired, it should be at the contractor's sole discretion.

 Looks like Mike never spoke of this option to me while Carlos got paid I did not! Not knowing the above,  I could not refuse to be abused!

 

• Then the same person told me to use his old, messy leaky machine to clean the tile which took me hours to accomplish!
• Furthermore, after two days working in her house, I was dead exhausted, yet we had to carry her very heavy carpets in the truck, then to the warehouse late at night and Mike did not help at all once we arrived. Doing so hurt my back really bad and I am still in pain! Note also while Mike was gloating on how much he was able to screw Mrs. Morgan of a few thousand dollars! I was very upset squished in the back and travelled miles this way and the pain was intolerable.  on our way back to the office, Mike had the audacity to ask me to take him out for diner!

I could never, ever in a million years behave as such or make thousands on a poor young Mexican guy (who get $300 a week) and an old 67 year old but very smart man! I say SHAME on you Mike, for not taking us to Mc Donald and ask me to pay for diner instead!

Indeed we are very different, I would have at least given $100 miserable bucks to say thank you to those who made you thousands in a few hours working their asses off! And you “Mr. Boss” you are not better and a very abusive person too! Your karma will speak through your failing health and what my attorney, the legal system and the IRS will hammer you with once you get audited!

Mike has no integrity, he is a shark and so are you “boss!” I understand why you did not bother to call me yesterday 1/23/2017 and “forgave” the few bucks I owe you for the carpet cleaning products I purchased a few days ago!

After all, you are not stupid and you realized I made you thousands in a week and you may have felt guilty? In any case I also purchased a cleaning machine from you for $1150 CASH, (I have the receipt for the IRS when or if I decide to report you!) All depend to what you will do or what my attorney will advise me to do!

Note also I was expecting a brand new machine, yet you screw me again and gave me a used one. The machine should have been OUT of a box; after all I do not trust your words when you said it was used only once. That is so unprofessional, so unreal and shows your lack of decency and integrity Mr. Mike!

I need to let you know that both of you are breaking the law with me and all your young and gullible contractors. Note I am still in contact with a few and they will work with me if needed.

I enclosed a section of the Office of Legal Affairs for you to see where you are breaking the law Sirs! You are NOT above the law of God, the IRS and the Federal and AZ State Laws!

Now this is not “black mail” but a simple request for you to do the right thing with me. I made you thousands in a week time and you screw me of a week paycheck and I want it! Had you given me only $100 I would have nothing to say against you or Mike, but your greed spoke of your real nature. And I can, and will mess up Mike TX business before he even starts!

Let’s do the right thing guys, send me what you owe the old man, (I let you do the math,) take the money I own you for the products I purchased and I am gone! I can only hope you will stop breaking the law and stop abusing those immature kids, because as independent contractors, THEY DO NOT WORK FOR YOU!  

May be I should share this letter with them all?

The last person who screwed me with my truck did the right thing, it is now all in the past, he learned his lesson,   it’s now your turn! Do the right things pay what you owe me or pay the heavy consequences! And I am expecting a check in my mailbox soon!

Sincerely and respectfully

Dr. Turi

 

Internal Revenue Service Twenty Factor Test

Factor 1 No instructions

Contractors are not required to follow, nor are they furnished with instructions to accomplish a job. They can be provided job specifications by the hiring firm.

• Why do you insist on all of us to be at the warehouse at 6.45 everyday?

 

Factor 2 No training

Contractors typically do not receive training by the hiring firm. They use their own methods to accomplish the work.

• Why do you insist on all of us to be at the warehouse at 6.45 everyday to lecture and train us to do the perfect job?

 

Factor 3 Services don't have to be rendered personally

Contractors are hired to provide a result and usually have the right to hire others to do the actual work.

 

Factor 4 Work not essential to the hiring firm

A company's success or continuation should not depend on the service of outside contractor. An example violating this would be a law firm which called their lawyers independent contractors.

Factor 5 Set own work hours

Contractors set their own work hours.

Factor 6 Not a continuing relationship

• Why do you insist on all of us to be at the warehouse at 6.45 everyday to lecture and train us to  do the perfect job?

Usually contractors don't have a continuing relationship with a hiring company. The relationship can be frequent, but it must be at irregular intervals, on call or whenever work is available. Warning: Part-time, seasonal or short-duration relationships have nothing to do with independent contractor status.

Factor 7 Control their own assistants

• Why Mike never told me about hiring and paying procedures?

 

Contractors shouldn't hire, supervise, or pay assistants at the direction of the hiring company. If assistants are hired, it should be at the contractor's sole discretion.

Factor 8 Time to pursue other work

•  Why do you require a week notice to be off ?

Contractors should have enough time available to pursue other gainful work.

 

•  The way you run your show no one has the time to do anything for themselves…
•  

Factor 9 Decide on job location

Contractors control where they work. If they work on the premises of the hiring company, it is not under that company’s direction or supervision.

• This does not seem to be the case in the warehouse. You control jobs and sending the sharks (Mike) to wealthy people in Scottsdale and us/ me to poor apartment complexes is quite obvious. Indeed its politics that works good for you but not some of us. I spoke about it with the guys and they all aggress with me and you should ROTATE so all contractors get a chance to make a decent living!

 

Factor 10 Order of work set

Contractors determine the order and sequence they will perform their work.

• WE determine NOTHING; you control it all YOUR way!

Factor 11 No interim reports

Contractors are hired for the final result and therefore should not be asked for progress or interim reports.

• Gee you make us do this after each day instead of paying people to do it for you!  I am thinking really hard of sharing this letter with everyone!

Factor 12 Paid by job

Contractors are paid by the job, not by time. Payment by the job can include periodic payments based on a percentage of job completed. Payment can be based on the number of hours needed to do the job times a fixed hourly rate. However, this should be determined before the job begins.

This is an interesting one Mike! I wonder what my attorney will come up with!

 

Factor 13 Work for multiple firms

Contractors often work for more than one firm at a time.

• How can we do this when you impose us to be at your business at 6.45 and let us go mid afternoon when there is no more contracts for the day?

Factor 14 Pay business expenses

Contractors generally are responsible for their incidental expenses.

 

Factor 15 Have own tools

Usually contractors furnish their own tools. Some hiring firms have leased equipment to their independent contractors-so they could show the contractor had their own tools and an investment in their business (see # 16). This strategy won’t work if the lease is for a nominal amount or can be canceled by the hiring firm at will. In short, the lease must be equivalent to what an independent business person could have obtained in the open market. For more information, contact a labor attorney.

• I truly wonder how much money you made on my machine, but one thing sure young contractors are screwed because they pay the full amount (if not more). Got to ask my attorney to look into this one deeper!

 

Factor 16 Significant investment in their business

Contractors should be able to perform their services without the hiring company’s facilities (equipment, office furniture, machinery, etc.). The contractor's investment in his/her trade must be real, essential and adequate (see #15).

 

Factor 17 Offer services to general public

Contractors make their services available to the general public by one or more of the following:

• Having an office and assistants
• having business signs;
• having a business license;
• listing their services in a business directory;
• advertising their services.

Factor 18 Can make entrepreneurial profit or loss

Contractors should be able to make a profit or a loss. Employees can't suffer a loss. Five circumstances show that profit or loss is possible:

• If the contractor hires, directs and pays assistants;
• if the contractor has his/her own office, equipment, materials or facilities;
•  
• if the contractor has continuing and reoccurring liabilities;
• if the contractor has agreed to perform specific jobs for prices agreed upon in advance;
• if the contractor's services affect his/her own business reputation.

Factor 19 Can't be fired at will

Contractors can't be fired so long as they produce a result which meets the contract specifications.

Factor 20 No compensation for non-completion

Contractors are responsible for the satisfactory completion of a job or they may be legally obligated to compensate the hiring firm for failure to complete.

Economic Realities Test

A worker is an employee if he/she is a member of a class of workers intended to be protected by a law designed to protect or benefit employees.

Smell Test

Takes into account totality of circumstances. Designed to foreclose efforts to artificially structure a relationship to circumvent the applicable criteria.