What the crap

[Amber]

I could really use some advice, helpful tips, anything right now. And I apologize in advance for any length or confusing information I type. It's all still a blur to me.

So, we find out yesterday that Jack is out of a job. Just like that. Let me give y'all the history.


Jack started working with this guy named Brice. Now, keep in mind during this entire thing that this is a guy who is "supposed" to be Christian and who preaches. He's worked for Brice since February of 2007. They do insurance work, like contracting. If a business or personal home is damaged with fire or water damage, they go in and do all the sheetrock repairs, drywall repairs and painting. Since it was just Brice (it's his busines) and Jack, Brice told him they were partners. Of course, Jack doesn't get partner pay (rolleyes) but still. It's just the 2 of them. At first, things were good. Lots of work, paid on time, all that good junk.

About September of 2007, Brice starts being late paying Jack every Friday. He was normally pretty good about giving it to us that next day or even Sunday or Monday. A bit of a hassle, but whatever. Then it got to where he was waiting half a week to a week to pay him. Getting us behind in bills.

So, Jack puts his foot down, tells him we've got 7 kids, we've got to be paid regularly. Works for a little bit, then back to whenever Brice feels like writing out the dang check.

Anyway...long story short. Last week, Brice tells Jack (after he's again NOT paid Jack what he owes him) that Jack has a month to find a new job. He (Brice) couldn't afford to pay the workman's comp for insurance, so he's gonna loose his business. Whatever, it's a blessing in disguise, at least he was nice enough to give us a month's warning.

Then, Friday, Jack calls because Brice didn't call and give him directions or instructions of where they're working that day (they confer about directions and junk every morning) and he's told that if he'll sign a paper saying that he refuses workman's comp and agrees to take on any medical bills on his own if he gets hurt, Brice can keep the business open. Great. He's a painter, what's he gonna do, get paint in his eye?? So, Jack agrees.

Monday - Jack calls (I'll tell why in a min, is a diff thing) and Brice pretty much tells him not to bother calling, the business is closed. What the crap??? Just a week ago, you gave us a month. Now it's over and done with and you didn't even have the common courtesy to say thank you, have a nice day, kiss my butt, nothing???

Now, for any of you men (or women) on the forum who have ever done any professional painting or know anything about it, you know it's extremely hard to get a painting job in the dead of summer. All the businesses crews are full. So, we're scrambling around trying to find him a job or me a job. Whoever, I don't care, as long as one of us is working.

Now, on to the 2nd part of this crappy story. Friday the 7th, Jack was owed his paycheck. It was a decent one, too, because he worked 10 hour days all week. Friday, no paycheck. Saturday, no paycheck. Sunday night, Brice calls the cell while I'm out getting gas and stuff, and asks me to meet him at the gas station down the road from where I am to pick up some money. So, I'm thinkin, 'heck yeah, he's finally getting paid, I can go pay my bills this week.' WRONG!!! He borrowed $100 off of his mama to give to me towards Jack's paycheck. Again....what the crap????

We live off of $100 and a check I had for $160 all week....until Thursday when he gives Jack the rest of what he owes him. I pay my bills (and my late fees, thanks a lot, jerk) and I'm broke. Not to mention we had 6 kids this weekend, would have been all 7 if Cameron wasn't on vacay with my parents. Not to mention Jack and I couldn't do anything for our anniversary last week because Brice hadn't paid him. And also not to mention we couldn't do anything for Jack's birthday last week...same reason.

So, he owes us again for last weeks pay, and, guess what? It's Tuesday and we've not got it yet. And not only that, but Brice is trying to say he only owes us for 1 day, when Jack worked 3.


So, I'm highly ticked. You can do whatever the crap you want to me, but when you start messing with my family and their well-being, I'm not a very nice person to deal with.

So, that all being said (and I'm sorry for any confusion) do y'all know anything I can do? Can I call the labor board? Can I take him to small claims court? Can I (PLEASE??) punch him in the eye?

Jack's calling all kinds of painting businesses trying to find a job, but so far, any calls and any visits and any applications filled out to get another painting job are proving to be a waste of time, as the crews are all full.

This blows. Big time.

[Amber]

Oh, and did I forget to mention that Brice has been working on this major salon job they had coming up since Friday and hasn't called Jack at all to come help???

Jack busts his butt coming to work on time, getting the job done right, he don't cause no problems, nothing. So, if he wanted to fire him, he's not got a valid reason. So, why is Brice working while we sit here and wonder about what's going to happen?

Grrrr.....

[Dadu2004]

Sounds to me like you should take him to small claims court. If you do this, be sure that you roll in court costs into the suit, or else it won't even be worth your while. No Amber, don't punch the dude, no matter how much you want to. I know nothing about the labor board, but you also could contact the Better Business Bureau.

In the mean time, Jack needs to find something. Painting gigs are tough to get as you know...is it possible for Jack to open his own business?

[HappyMomma]

Argh... sorry to hear you are going though that Amber. The contracting biz is tough, I had a home based business in the past and I know.

Did Jack have any kind of contract or agreement with Brice? If so, I would check into taking it to small claims.

[Amber]

No kind of contract at all. I'm wondering if we're screwed. The only thing I know to do is record him on the phone while he admits it, but I don't know if recorded conversations are admissible in court in TN.

Jack could start his own business, we just need some ladders, a sprayer and a pressure washer. Sprayer would have to be rented because we don't have the money to plop down on one right now. (I can't believe the prices of sprayers)

I don't know if we can contact the BBB...can we, if he wasn't a member?

[Amber]

And while Im thinking of it, let this be a lesson. Don't ever be "too nice." You always get taken advantage of.

I give the shirt of my back to people if they need it. I would never dream of taking advantage of a person, and I've always halfway trusted to be done the same way. Guess that's what I get for believing in the goodness of humankind.

[HappyMomma]

LOL yeah, sprayers are not cheap!

You can still file a complaint whether he was a member or not. The difference is that members pay an annual fee and are required certain criteria to keep membership.

[HappyMomma]

BTW... for future reference. If you do go into business for yourself, ALWAYS have the customer sign a contract... Always.

I was happy to have it once when I had to file a lien on a property and take someone to court over them not paying.

[Amber]

I guess I'm more frustrated that this man portrays himself to be something he's not. He portrayed himself to be a friend, to be a preacher. And all this junk has been done to Jack over the last year and a half. How can he sleep at night?

Thanks for the help, guys. I'm definately doing some research into the matter.

[HappyMomma]

I would also call around and see if you can find legal aid locally. Sometimes local law schools will offer low cost advice as well.