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this is for all of you brain dead coverall frinchise owners who can't make your business work. you DO NOT WORK FOR COVERALL
Country of complaint: United States
naturally someone is a goon when the point out your short comings. i have owned a franchise for 22 years, and if i don't know a little something about this than an idiot like you sure can't. franchise owners just can't accept the fact that they are to blame for the failure of the franchise they own. YOU DO NOT WORK FOR COVERALL, ACT LIKE IT AND GO TO WORK AND CREATE YOUR OWN BREAKS BY SHOWING UP AND WORKING YOUR ### OFF EVERY DAY.it's a shame that people who don't want to work and just sit back and expect coverall to do everything for them are the ones that can be heard the most.go get a job, and work for someone else.
i have no doubt that there are law suits against coverall, there are suits against every body.i do know that i am not an employee, and as a matter of fact, i really don't have that much contact with coverall.i get my own customers, and run my business without dealing that much with coverall. but i will say, they are there if i need help with anything, but i rarely do.i have the ability to earn whatever i want, it's all up to me.you have to WORK
The complaint has been investigated and resolved to the customer’s satisfaction.
Another goon from coverall trying to do damage control. I think it's time that I start posting all the lawsuits againts coverall. I also think that in time the goverment will step in and start putting these madoff types in Jail.
To someone who calls himself informed source or like what you realy are a "lying source". First our National class action is still going and we will never back down until we get Justice. We are not being founded by seiu and if we were why do you hate them so much? Who is "lying source" and why does he hide behind that nick name? Mean while more people keep posting complaints and more lawsuits keep geting filled and I hear that jan-pro is starting to settle them out of court.
To riki pug A Judge recently said that coverall is like a Ponzi Scheeme. Another Judge also said that a coverall cleaner was not a franchisee but treated like an employee and ruled an employee and she was able to recoop her loses and unemployment. I think coverall has had over 30 Lawsuits.
Good for you Rick, you are actually doing things the right way. Good old "1st amendment" aka Jerry the SEIU goon, has continued to take money and benefits from hard working members of the SEIU and continues to "pimp" his attorneys everywhere he possibley can... Jerry is a joke, someone that shouldn't be taken seriously...
### you Informed Source, COVERALL IS A JOKE, lyer and out to get you money. ### COVERALL
informed source is a liar. I'am not with the seui. My name is Jerry and I have nothing to hide but this informed source is someone working for the cleaning franchisors doing damage control but it isn't working is it. informed source wont say his real name because he is a liar. informed source is nothing more than a liar. By the way how many lawsuits does coverall have ? 10, 20, 30, 40, I think its over 50. If you have been ripped of by coverall you should file a complaint with the federal trade commision. www.ftc.gov in the past the federal trade commision has investigated and fined coverall hundreds of Thousands of Dollars. You should also file a complaint with the Attorney General www.stopfraud.gov For thise who spek spanish the Telemundo chanel has a number which you can call to report fraud at [protected]. You should also file a complaint with the department of corporations in californua the number is [protected]. There is curently a national class action lawsuit and there is also another class action geting started in california. Recently a judge said that coverall is like a modified ponzy scheme.
1st amendment, is there a website where I can view all lawsuits; current and past. Coverall has been ripping me off, but I can't leave the company let. I have been work for the past year make almost no money just so I can pay Coverall the loan I took out. I went from have little bit of money in my bank account to having money after starting working with Coverall. They are lyers, at frist i believed them when they said inwas going to make money. I am think about filing a lawsuit, but don't want to be work another job just to pay them, what they believe, I owe them. That is ###. They're conartist, them man that got me to join no longer is around, and when I ask what happened they don't even answer me. In fact the Only time they call me is to tell me that I have just lost and account, which i havent even payed off yet. In a year I have lost two, they never complain and never wrote anything down in the log book.'### THOSE CONARTIST PIECES OF ###.
1st amendment believes only that for himself, in other words he believes he has the only right to speak and when anyone exposes him for what he truly is, he gets angry. Simple questions never get answered by him. On the one hand, he is a poor man, has no money, got ripped off by Jan-Pro, Jani-King, Coverall and others. 1st Question: If you got ripped off by all of them, why did you keep buying in? 2nd Question: If you are poor, how can you continue to pay for your attorneys at $400.00/hr (your words, other site) if you don't get help from someone? 3rd Question: If your attorneys aren't being funded by the SEIU and other labor unions, why don't they sue me for misinformation/libel etc...? 4th Question: How do you have so much free time on your hands, now you are claiming that TELEMUNDO has video taped picketers at another franchise company Stratus Building Solutions and you offer no proof? Seems to me, you are being paid by someone if you are on multiple sites and have high priced attorneys taking your case at $400.00/hr.
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Hi Visalia I will get the link to the long list of lawsuits against coverall or i will post them here one by one.
To the lying source this idiot got his ### kicked at www.unhappyfranchisee.com now he is gona get it kicked here to.
Here is the video that you said that I didn't have lying source in your face.
I like what one of the guys who got ripped-off said there a "Cave of Rats"
http://www.telemundo52.com/video/27856290/index.html
1st amendment, seems like you are up to your old tricks again. Notice how you didn't answer any of the questions posted by me. Problem with www.unhappyfranchisee.com is that the "owner" is in your corner and doesn't want differing opinions. So I was banned from that site for offering multiple counter points to your lies and deception. For him, you and your law firm are more important than the truth...
To Lying source, Why haven't you told who you really are. Is it because you are someone from Corporate and you don't want to reveal your name. Why are you so SCARED to say who you really? Why do you hide behind a computer? Be a man and say who you really are. Are you the president or vice president of the company? Be a man and stop being a COWARD and tell us who you are. It's time for you to stop hiding behind a computer.
You want to know who I'am I'm Gerardo Vazquez "Jerry" and I go by 1st Amendment on the chat forums. Anyone can e-mail me or call me at Grvz5247@cs.com [protected]. I'm a lead plaintiff in a national class action lawsuit against jan-pro. Anyone is free to call me. I hate to see people getting riped-off for there hard earned money and we should let these companies rip-off people. We need to all come together and stop these companies.
Please file complaints with the Attorney General and the Federal trade commission www.ftc.gov
You lying source are only mad because www.unhappyfranchisee.com is an Open forum for everyone to post what they want and that makes you MAD. The Truth gets out and you can't handle the Truth! You posted hundreds of post there and if you were kicked out it was only because towards the end you started posting RACIST remarks! www.Unhappyfranchisee.com is an open and fair forum however this lying souce guy gets mad because the truth was posted and he is also mad because he says that he was kicked out for being Racist and posting many Racist remarks.
Now tell us why jan-pro does not let us talk to other cleaners or why they tell people that they can only go to there offices to get there paycheck and that they have to leave right away and that they are not allowed to talk to one another. People that were talking outisde were told to leave or that they would be fined. How can jan-pro do this to people whi are outside in the parking lot talking? Your 1st Amendment rights allow you to talk to other people and jan-pro tries to take your 1st Amendment Rights away. This is wrong.
This person lying source who is with corporate says that he was kicked out of www.inhappyfranchisee.com If he was it's because of his RACIST remarks and his RACIST Views. Racism has no room in this country and should not be tolerated. This person who says that he was kicked was only because he kept posting Racist remarks constantly. You can still go there and read all the RACIST remarks and comments that he posted.
1st amendment, only racist comments made were made by you and "guest" who was the actual "owner" of unhappyfranchisee.com The same owner who is out begging for money... I'm surprised that the law firm you are "pimping" for didn't make a big donation... Surprised that your SEIU pals didn't make one as well... 1st amendment only works for you and the one's who want to listen... You are a disgusting human being, you keep acting like you are some sort of "champion" only the truth is you are attempting to get people to come join your cause that will end up hurting the majority of owner-operators in the system that are abiding by the rules, working hard every night, changing the destiny for themselves and their children. You are a lying coward, your attorney's fee's are paid by SEIU and other labor unions... You don't have a penny to your name, you cannot afford $400.00 /hr attorney's fees... You are a joke, a scam artest and you/the owner of unhappyfranchisee.com who is currently begging for money like a street corner charleton is being exposed!
The Law Office of Jonathan E. Fortman, LLC has filed a lawsuit in Missouri on behalf of franchisees of Stratus Building Solutions. The lawsuit seeks to recover damages on behalf of the franchisees for fraud and breach of contract. The lawsuit is asking the Court to certify the case as a class action. The investigation is ongoing, if you, or anyone you know, has had a franchise terminated by Stratus or any of its master franchisors, if you believe the company gave you false or misleading information to get you to pay money and sign the franchise agreement, or if the company has failed to live up to its obligations under the franchise agreement, we would like to talk to you. You can contact us anytime by calling the number below. There is NO CHARGE to you to discuss this matter and your call will be kept in confidence. Please call us as soon as possible.
Law Office of Jonathan E. Fortman, LLC
[protected]
jef@fortmanlaw.com
Coverall is just a terrible business model for 99% of people. They basically hire any idiot with a few grand and let them be franchise owners. Then they train them with a viedo that explains the products they are supposed to use (many of the franchise owners do not use the materials they are supposed to) and then they start getting them accounts. problem is, Coverall dupes a lot of businesses into using them because they are so much cheaper than a good cleaning company, and the businesses are many times industrial areas and very dirty. In the end, the franchise owners don't clean well because of a lack of proper training, or in some cases, just because they are lazy and didn't realize how hard it would be. The business owners end up mad because the cleaning sucks, and Coverall is basically making money off of all the misery. Out of probably fifty franchise owners, on average five are actually taking it seriously and making some kind of money, and even they have problems that actual real cleaning companies don't have. The rest are constantly losing accounts and being let go. It really is a Ponzi scheme in many ways...they make money off of selling accounts and duping franchise owners out of their money, they don't offer any service other than finding a crappy business for a usually crappy FO to clean, and they usually lose both the business and the FO within a year or so. If they wanted to hire people amc train them to clean and then find businesses to sell cleaning services to, they should just do that. They basically set it up where they carry no risk and have all the reward.
Bob, How ridiculous of a statement is that, most franchise/owner-operator companies do a much better job cleaning all types of facilities than traditional based companies. Main reason is the commitment that these men/women make to themselves and to the customer. Traditional companies hire part-time workers at/right around minimum wage, give them a set time by which they must get the facility cleaned in. The main problem that companies such as Coverall do, is they don't hire quality enough Operations Team to teach owner/operators the ins/outs of the cleaning business. Here's the "kicker", neither do most traditional cleaning companies or their management Team spends more time "shuffling" people from site to site because of the high rate of turnover and sick calls.
Here are the links to the Coverall law suit that Coverall LOST! Here are some articles to the decision.
http://www.bluemaumau.org/10644/franchisor_hit_hard_pretending_employees_are_franchisees
http://www.bizjournals.com/boston/news/2011/08/31/sjc-employers-not-workers-must-pay.html
http://articles.boston.com/2011-09-01/business/30102317_1_coverall-north-america-franchise-fees-commercial-cleaning-industry
Coverall Stops selling there fake franchises !
Coverall is " Treading on eggshells "
They have been Stopped!
6 Judges of the High Court have Ruled and required coverall to pay back all the franchise fees, royalties and insurance premiums they had collected from their misclassified employees.
They are now treating there cleaners like employees and paying for there insurance.
Read the following and newest article on how Coverall has been stopped!
http://www.franchisetimes.com/content/story_result.php?article=02283
Well, there you go again 1st amendment, lying to your "adhoring public" aka Jonathan Fortman...Let us go over this one more time, just for the record:
a) Jonathan Fortman is a second tier attorney that has to report to his children in order to learn things such as Internet Troll and Shill.
b) Jonathan Fortman is trying to cash in on the SEIU and BIG Labor money that liss-riordin has been getting and just discovered that even Big Labor thinks he is a joke!
c) Coverall can/will still file an appeal on earlier ruling
d) Coverall has quit selling franchises in MASS only
e) Liss-Riordin hasn't won a cleaning franchise case outside of MASS
f) 1st amendment's own lawsuit is on purpose being "sidelined" for lack of funds
g) No awards have been given out...
So in a "nutshell" both you and Fortman are losers!
If you are working for coverall or have in the past worked for them in California please give me a call as soon as possible.
Jerry
[protected]
So, you trying to do more legwork for Liss-Riordin? Think it's funny how your case against Jan-Pro is going nowhere, now you are trying to "piggy back" onto Coverall Ruling in MASS! Have you spoken to TEAM FORTMAN lately? Are you finally realizing that outside of the state of MASS that NOTHING is going to happen? SEIU won't support anything for Liss-Riordin anymore either without another victory soon...Might want to try another avenue.
To Lying source, the jan-pro case is going very well. Why does it bother you that I have met some people who work for coverall and are getting ripped-off? I'm a freindly person who simply warns people about these Ponzi Scheemes if people want to organise and protest and take action it's there right..
If you have been ripped-off by coverall in California please give me a call as soon as possible.
By the way Lying source will you ever tell us your name? Probably not because you are a scared little mouse.
Jerry
[protected]
1st amendment, you, Fortman, Liss-Riordin have no answer for me, Here I am an industry veteran standing up for the nearly 100, 000 owner-operators performing quality services on a nightly basis throughout the U.S. They are currently cleaning over 2.5 BILLION dollars per year of commercial cleaning accounts and top quality accounts at that... Problem for you and the other 100 (your number) or so, disgruntled, uncaring, underperforming owner-operators is that SEIU and Big Labor after their miserable attempt trying to get commercial cleaners to unionize decided to "get into bed" with companies such as Many Large National Providers and make an agreement that if they could get rid of the "franchise based commercial cleaning companies" they could begin increasing costs, wages and UNIONIZE all facilities overa a certain size and/or geographic area. HERE"s the problem, outside of MASS, there have been only minor victories... THEY need a BIG ONE to pop and soon...All of a sudden companies like Coverall have awoken and aren't going to SETTLE any more! 1st amendment, Fortman, Liss-Riordin your days of Easy Money are over...IF you don't win something soon and do it outside of MASS then SEIU will pull the plug, they've got to put all money into trying to change an election in 2012!
To Lying source Hey you keep hidding like a Rat in a Cave. You still won't give me your name or where you live. I guees you have much to HIDE so you won't say your real name.
Don't let these criminals intimidate you. If you have been ripped-off by a cleaning franchise Ponzi Scheme Like a Judge recently compared them to you can do the following.
1. File a complaint with the Federal Trade Commission www.Ftc.gov
2. File a complaint with the Attorney General www.Justice.gov
3. Organise with other cleaners and look for an attorney or lawfirm and get Justice.
Coverall has many Lawsuits and it looks like the Goverment will come down on them soon.
1st amendment, aka Dude Love, aka I love America, aka SEIU Stooge... Glad to see that liss-riordin was able to secure your safe passage back from Mexico! Was getting worried about you...Hope your Jan-Pro lawsuit is still going on? Wait a second, that is still in hiatus isnt it? What happened, got a feeling you were about to lose, therefore, just asked for continuance again? Time is running short for you isn't it?
To Lying source, Your still avoiding the QUESTION? What is your real name? What is your real name ? Why do you hide like a RAT in a Cave ? Be a Man and say who you are. What is your name and why are you so afraid to say who you are ?
The Lawsuits are going well. Don't let this Rat from corporate intimidate you. If you have been Ripped-off by a cleaning Ponzi Scheme like a Judge recently compared them to you can take action to get Justice.
The following are things that you can do.
1. File a complaint with the Federal Trade Commission. They are a Goverment agency with the Power to take action. They can and will go into a building with armed police officers and agents and take action. You should file a complaunt with the Federal Trade Commission. www.Ftc.gov They will take action once they get enough complaints . Your complaint with them is confidential. WWW.FTC.GOV
2. File a complaint with the Attorney General let them know that these companies are in violation of the Rico and Raqueterring Acts. WWW.Justice.Gov
3. Let your local News Stations and newspapers know what is going on with these cleaning companies and how they are a "Ponzi Scheme" Thats what a Judge recently said.
4. Organise with other cleaners who have been ripped-off. When you go to pick ip your paycheck talk to everyone.
5. Look for an attorney or Lawfirm. There is many pursuing lawsuits at this moment.
6. Picket and warn other people of this Scam!
6. If you call me I can give you a copy of the lawsuit and more information. Jerry [protected]
1st amendment, are you and the owner of unhappyfranchisee.com and Jonathan Fortman going to get together soon in St. Louis? If so, let me know and I will be more than happy to buy all three of you an ice tea! Heck, I'll even buy dinner... The owner of unhappyfranchisee.com is on food stamps and has to have a telethon at least twice per year to raise enough cash to keep things going. Fortman's got a car with 250K miles on it and he is your SAVIOR! Only reason Liss-Riordin isn't part of this issue is the fact she was smart enough to get SEIU and the union dues to pay her salary! Looking forward to 2012!
To lying source,
2012 is here and we are going to fight harder than ever. I will never give in until we get Justice. I think my congressman is going to be very interested in hearing of how these Ponzi Scheme cleaning rackets are ripping of many of his constituents. Oh and here is another article, hope you enjoy because I have more coming.
The following is an article from bluemaumau.org 12-31-2011
Shannon Liss-Riordan: Petite Sledgehammer
BOSTON — An attorney in a boutique Boston law firm, Lichten & Liss-Riordan PC, has gone after giants and won. Many with deep pockets, who employ some of the country's largest law firms, are licking their wounds and probably asking themselves if having been a little fairer in the first place may not have been the easiest route.
It's not just franchisors who are wary of her. Franchise owners too. She has won restaurant tip cases. Liss-Riordan focuses on class action litigation involving failure to pay wages, overtime, gratuities and minimum wage. She took on franchisors who pretended their employees were franchise owners.
Representing pole dancers, waitresses and newly immigrated franchisees, she is known as a champion of the little guy. Her legal wins have gained a reputation in the state, the country and the franchise world.
Her clients dub her "Sledgehammer Shannon."
In August of this year, attorney Liss-Riordan had the final win in a franchise case she was representing. The Massachusetts Supreme Judicial Court smacked Coverall janitorial franchise system with a huge bill for labeling its employees franchisees. The high court ruled that the franchisor must pay back franchise-related fees, including promissory note payments, additional business fees, franchise fees and insurance payments.
Another Boston-based attorney, Seth Stadfeld, explains that janitorial services like Coverall find customers through the national office, call them, collect money and then give back to the franchisee what's left over. He explains that most franchisors aren't like Coverall. "The money flows uphill (franchisees collect money from customers and pay royalties up to their franchisor), while in Coverall and cleaning service franchises, the money flows downhill, " says Stadfeld. "In Coverall, the customer relationships flow downhill. It is the franchisors that determine whether you can service the customer or not. For purposes of independent contract status, that really is different."
Experts think the ruling that franchisees can be disguised employees will ripple down to other franchise systems and other states.
1st amendment, now we are in 8 years since Liss-Riordin first took on the various cases that she has... How much money has actually been paid to the supposed "disenfranchised"? Absolutely ZERO! She has some legal victories, but at the end of the day, the only one with a judgement against them is poor old Aiwah! 1st amendment, you should be the one along with Liss-Riordin who should go to jail for deception. With a track record of calling everyone in, deceiving them into thinking the franchisor is the only reason for their failures in life, the only one responsible for them not making any money, the only one responsible for being on food stamps etc... What about Personal Responsibility? 2012 will be an interesting year for sure...
To lying source its not 8 years its 3. You are such a liar and a COWARD because you are to chiken to say who you are. If you have been ripped-off by jan-pro there is several things that you can do.
1. File a complaints with the FTC Federal trade commisiion www.ftc.gov
2. File a report with your states attorney general and us attorney general
3. Talk to everyone that bought into the ponzi scheme and look for an attorney and take legal action
4. You can contact me Jerry at [protected] I can give you more information.
To Lying source,
Just so you know one of your favorate Lawyers was on the winning side of Justice in this LANDMARK and HISTORIC CASE!
Rhina Alvarenga v. Coverall of North America d/b/a Coverall Cleaning Concepts and Coverall of Boston. Sunrise Senior Living. Inc. d/b/a Sunrise of Arlington, et al (Superior Court, Middlesex County, Commonwealth of Massachusetts, Case No. MICV2005-01782-A), filed on May 2, 2005 and Amended on August 8, 2005. Plaintiff, a former Coverall franchisee, filed this eleven count complaint against Coverall and one of its customers, Sunrise Senior Living, Inc. ("Sunrise"), variously alleging common law fraudulent inducement, and claimed damages in the amount of $19, 654.11; violation of the Massachusetts General Laws 93A; the right to rescission; breach of contract; breach of fiduciary duty; breach of the implied covenant of good faith and fair dealing; violation of the Massachusetts Minimum
Fair Wage Act; violation of timely payment of wages statute; overtime violations under the Massachusetts Minimum Fair Wages Act; and unjust enrichment. The case was settled and Coverall paid.
Not only that but they also had to pay Rhina Alvarenga unemployment benefits. Coverall didn't want to but Coverall lost in court again.
Coverall North America, Inc. v. Com’r of Div. of Unemployment, 447 Mass. 852 (2006) (amicus) (Supreme Judicial Court held that “franchisee” cleaning worker was employee entitled to unemployment compensation upon termination, not independent contractor)
1st amendment, per liss-riordin's own website, she states she met with and then decided to pursue a legal case against Coverall in 2004... Now I don't know how you count in your country of origin (Mexico), but here in the good ole USA we count from 2004 to 2012 as 8 Years... Hope you and Fortman have fun in the coming month's, I have a feeling this is coming to a head, sooner than later. Once Obama is voted out of office, your cases are history, because the money will be gone from SEIU!
To Lying source,
The Rhina Alvarenga case was concluded back in 2006 it lasted 2 years. The case was won by Rhina Alvarenga. Thats 2 years! Then coverall tried to sue the Goverment LOL, LOL, LOL... The Judge scolded coverall and made them pay the Office of Unemployment and Rhina Alvarenga. The other case was filled in Massachusetts in 2007 so it hasn't been as long as you said. Either way it doesn't matter how long it takes what matters is that we eventually get Justice, Just like Rhina Alvarenga did.
1st amendment, you absolute ###, I'm talking about good ole Aiwah and liss-riordin. Not Alarenga. 2004 till 2012 is still 8 years. I know that in Mexico they don't speak or understand English, but at least you could get Fortman or someone in his office to translate for you...How's your case in California going? Not so well, think there is a common theme, NO WHERE ELSE BUT MASS! Now Fortman is trying to drag Masters into his lawsuit (pretty stupid) in order to gain some traction in Missouri...Pretty sure he is simply "yelling at windmills" and drinking Ice-Tea from the corner mart in his old, broken, beat down Mercedes and still avoiding his child support payments! But at least he has his current wife, former mistress, past employee to lean on in times of trouble.
To Lying source
Still afraid to give us your real name ? Can you tell us why you are so afraid to give us your real name? Why do you hide? I guees that is the way jan-crap and all the other fake cleaning franchisors do business, hide like rats in a cave.
The Pius Awuah case was filled in 2007. It doesn't matter how long it takes as long as we get JUSTICE just like Rhina Alvarenga did.
If you have been ripped-off by jan-pro there is several things that you can do.
1. File a complaints with the FTC Federal trade commisiion www.ftc.gov
2. File a report with your states attorney general and U.S attorney general.
3. Talk to everyone that bought into the ponzi scheme, look for an attorney and take legal action
4. You can contact me i'm Jerry and a plaintif you can call me at [protected] I can give you more information.
1st amendment, you ###...Liss Riordin first met with the people in the awiah case in 2004. It does matter, and in fact as we still speak, the only one that has any type of judgement in the awiah case, is poor old, dumb, disgruntled, taken advantage of by liss-riordin and exploited by losers like you and Fortman is awiah... By the time the appeals are done, awaih will be back in his native country and still dirt poor thanks to you and liss-riordin.
Lying source your a ###, the Pius Awuah case is diferent than the Rhina Alvarenga case and diferent from the other case settled in 2006. It's 3 diferent cases, two of them were settled a long time ago. You are either very stupid or a Big Dum ###! Do you want me to post all 3 diferent ones?
The following article recently came out on the National Law Journal
Judge certifies class of cleaning workers misclassified as 'franchisees'
Sheri Qualters
The National Law Journal February 13, 2012
A Boston federal judge has certified as a class a broad swath of
purported franchisees of cleaning company Coverall North America
Inc. who are suing the company for misclassifying them as
independent contractors instead of employees.
In a Feb. 10 order in Awuah v. Coverall North America Inc., Judge
William Young of the District of Massachusetts defined the class as
individuals who owned a Coverall franchise and performed work for Coverall customers
in Massachusetts at any time since Feb. 15, 2004, who didn't sign an arbitration
agreement or have their claims previously adjudicated.
Young's recent ruling expanded the class he certified on Sept. 22, 2011, to include
some people who obtained a franchise through transfer. The class includes individuals
who became franchise owners through a consent-to-transfer agreement but did not
receive a copy of Coverall's franchise offering circular, which outlined terms of the
janitorial franchise agreements, including mandatory arbitration.
Eight named plaintiffs claimed in their February 2007 complaint that the company
misclassified franchisees as independent contractors. They also alleged Coverall did
not provide the promised volume of cleaning work to franchisees who paid $6, 000 to
$30, 000. And they claimed Coverall targeted immigrants who do not speak English as a
first language or fully understand the company's legal documents.
Since they are employees, the plaintiffs contend that the company is liable for minimum
wage, overtime and wage law violations. The legal claims include breach of contract,
misrepresentation, deceptive and unfair business practices and unjust enrichment. In March 2010, Young granted the plaintiffs' motion for partial summary judgment on the
misclassification claim. In that ruling, he found that Coverall did not meet the second
prong of the state's three-part test that defines independent contractors, which requires
workers to provide services that are "independent, separate and distinct" from the
employers' business.
The other two parts of the test require independent contractors to be "free from control
and direction in connection with the performance of the service" and customarily
engaged in the same trade, profession or occupation that they're doing contractually.
In his Feb. 10 ruling, Young expanded the class to include people who didn't sign an
arbitration agreement and get notice of the arbitration agreement, so "it's a pretty
straightforward commonsense ruling, " said one of the plaintiffs' lawyers on the case,
Shannon Liss-Riordan of Boston's Lichten & Liss-Riordan. "People can't be bound by an
arbitration agreement that they didn't get notice of or a copy of."
Liss-Riordan said the plaintiffs are looking forward to Young's pending ruling on the
"illusoriness" or validity of Coverall's arbitration agreement. "We have challenged the
arbitration agreement as a whole, " Liss-Riordan said.
She also said the case "raises very interesting questions about whether companies
really want to compel hundreds of individuals to go to arbitration or [whether they] are
they hoping they can deter people."
"This case is showing these issues are not going to go away, " Liss-Riordan said." It's
going to be even more expensive and complicated [for companies]."
The plaintiffs have filed a motion for summary judgment on damages, which is slated for
hearing on Feb. 14, based on Young's March 2010 ruling. They're seeking several types
of damages, including: $916, 844.65 for initial franchise fees and additional business
fees; $894, 433.78 for insurance deductions: $106, 535.77 for funds collected to offset
unpaid customer bills; and $122, 932.25 for interest on late payments.
The plaintiffs are also asking for triple damages based on a 2008 amendment to the
Massachusetts law concerning unpaid wages that allowed for the increase in damages.
Aside from that change, the Supreme Judicial Court of Massachusetts ruled in 2005
in Wiedmann v. The Bradford Group that courts can treble damages for unpaid wages
when there is a showing of "outrageous[ness], because of a defendant's evil motive
or…reckless indifference" to workers' rights."
"He'll either assess the damages based on the papers or will have a trial in March to
determine those damages for the class members, " Liss-Riordan said.
Liss-Riordan said those amounts don't include fees paid by class members before
February 2004 and after June 2010, or fees paid by the class members added by Young's Feb. 10 ruling. Neither fee category has been calculated, she said.
Lawyers at DLA Piper who represent Coverall were not available to discuss the case.
Coverall did not respond to a request for comment.
1st amendment, OK? As I've said all along, What happens in MASS, is the only place it is going to happen. If you think Coverall is going to do anything else but the following: You are a bigger fool than Fortman:
a) Appeal 1st ruling by Young
b) Appeal 2nd ruling by Young
c) Appeal MASS Supreme Judicial Ruling
d) If loses any/all of the above, offer peanuts for settlement
e) File for Bankruptcy in MASS and Plantiffs get nothing, because Liss-Riordin and her SEIU friends come 1st...
1st amendment, the above, plus the sum of $1.00 will buy you and Fortman an iced-tea! As we still "speak", Coverall has not paid one cent to any of the "plantiffs" in the case! I can post one year from now, two years from now, five years from now and this will still be a true statement...You know what will also be true? Obama won't be President, SEIU will be investigated for misuse of union dues, liss-riordin will move on to chasing down strippers in other states for collective bargaining rights!