Sunday, December 13, 2009

Will Bankruptcy Filing Make It All Go Away?

Well, well, well....the company "behind" CTG files for bankruptcy! Phoenix Enterprises, LLC has filed for Chapter 11. Assets of zero to one million and debts of one million to TEN million. Wow! I sure hope Mr. Pazzaneze isn't the owner of any of the companies that fall under Phoenix Enterprises, LLC since he listed himself as Manager/Member. I also hope Mr. Pazzaneze put the pending lawsuit as a debt on his Chapter 11 filing because it's against the law to mislead the courts on bankruptcy documents. What happened to the title of OWNER? The President of the New England Livery Association files for bankruptcy. Times are tough. When times get tough, the tough file for bankruptcy.


http://www.freecourtdockets.com/Filing/mab_09-44519_366265.pdf

Hey, Pazz? I could use a new towncar or two if you want to make a deal.

Friday, October 9, 2009

When "Off The Record" Really Isn't Off The Record

Can we talk off the record here? Sure, until my attorney deposes all those you spoke off the record to.....

She was fired for "outing the gay drivers" who work here.

That is the most preposterous thing I've ever heard in my life.

It's also libelous and a defamation of my character.

It just keeps getting better and better..........

If You Ignore Lawyers, Does It Make The Case Go Away?

No, of course it doesn't. Your attorney can ignore every request he or she wishes, however; it's very hard to ignore a Judge.

When the time comes and you have to explain to a Judge why you chose to ignore all requests, it should be very interesting to hear you lie it all away. It will also be interesting to hear why you have suddenly decided to withhold taxes from your "Independent Contractors".

This new method of satisfying the IRS won't change the past or make your debts go away.

Thursday, September 10, 2009

What To Do, What To Do.............

1. The IRS has ruled that Independent Contractors of CTG are actually employees.

2. You won't "roll over" and accept that IRS ruling based on the fact that you "modeled" CTG after another company who found favor with the IRS YEARS ago. I've read that ruling. I'm very sure that there are far less than 30% of this industry paying by 1099 in 2009.

3. You signed under penalty of perjury that you paid me 50% of the base of every job I did, plus 100% of the gratuity, yet the pay records show that you paid me $17.00 per job, plus gratuity (it was a couple dollars higher if it was a farm-in) - but those companies that farmed-in charged MUCH higher, and 50% of THAT base is substantially higher than what you paid me.

4. If I received 50% of the base of every as-directed, plus gratuity, you owe me a heck of a bit o'change. I was paid $10.00 per hour for as-directeds, plus gratuity.

Look at it this way:

Client J is billed for 6 hours at a cost of $300.00 for the base.

I am paid $60.00 instead of $150.00, leaving a balance according to your agreement with me of $90.00.

How many of those as-directeds are we talking about?

5. The issue becomes do you fight the IRS ruling or pay the taxes to the tune of God knows what? If you're going to stick to your guns that we were Independent Contractors, get out your calculator and figure out the base of every job I did and pay me what you owe me.

And have a great day!

Wednesday, September 9, 2009

The Issue Is NOT Independent Contractors Within The Livery Industry

Independent Contractors are everywhere in the livery industry and always will be. The issue is not "doing away" with Independent Contractors. The issue is the agreement under which the Independent Contractor performs his or her job. If you have an agreement where you state you paid an Independent Contractor 50% or 60% or 45% of the base, did you? If your I/C was actually paid $17.00 per job, that's not 50% of the base of ANY airport. If your I/C was paid $10.00 per hour for as directed's, that's not 50% of the base, unless you only charge $20.00 per hour, and we know that isn't reality.

Proper pay and fair treatment is all I seek.

Sunday, September 6, 2009

"Jane Doe" Has Her First Amendment Right To Free Speech

I can have a blog. If you're going to go on the record and lie about me, I have the 1st Amendment right to dispute those lies.

How Many Livery Companies In Massachusetts Still Use The "Model" Of Independent Contractor?

Less than 1/3rd, you can best believe that. Will you be able to "best the IRS", as many livery companies have in the past? Will the ruling from 15-20 years ago carry any weight in 2009? Maybe not.

Saturday, September 5, 2009

There ARE Good Livery Companies In Massachusetts

I know this for a fact because I work for one. I am now treated fairly and paid hourly. I have benefits, and I am not afraid to file my taxes. Good companies are out here, Chauffeurs!

WHY IT MATTERS

People have asked me why it matters whether I was called an I/C or an employee. It's really not that hard to figure out if you're one of the misclassified employees. It may be a bit harder for you to understand if you're one of those companies that has Chauffeurs who are not reaping the benefits of being an employee. It's also much less expensive for you, as an owner, if you're not paying the proper costs associated with having employees vs. I/Cs.

After leaving CTG, I began working with REAL I/Cs. The company I work for has both employees and I/Cs. Having never been an employee paid by the job, with no taxes withheld, I really was clueless as to how an actual I/C was paid and what their responsibilities were and how they filed their taxes.

I was SHOCKED to see that I/Cs are paid a certain percentage of each job, along with gratuity. How come they are paid such a high percentage, I asked? Well, because the I/C is responsible for the upkeep of his or her OWN car. The I/C is responsible for all costs associated with having their own business, such as gas, tolls, repairs, insurance, car payments, etc. The I/C also receives a pay check with whatever name they have chosen for their own business, and their pay check is issued to that company name. My hand-written pay check from CTG certainly didn't qualify as a business name, because I don't have a business. My name is not a business and I am not Jane Doe DBA NC Professional Services.

When it came to tax time, I found out that an I/C can write off all of the expenses associated with running their business. What did I have to write off? Nothing. No gas, repairs, tolls, insurance, car payments or any costs associated with owning my own business. Why was I called an I/C by CTG? I don't meet the criteria set forth by the IRS, as we have now found out thanks to David Bennett having the testicular fortitude to fill-out the IRS SS-8 and waiting about 8 months for a decision.

According to CTG, I HAD an I/O or I/C agreement with them, where I was paid 50% of the base plus gratuity! Wow! FIFTY PERCENT OF ALL THOSE AS-DIRECTEDS? FIFTY PERCENT OF ALL THOSE AIRPORT TRIPS? FIFTY PERCENT OF ALL THOSE RUNS FARMED TO US FROM BOSTON COACH? PLUS GRATUITY? Well.....where IS that money?

I have no deductions to take as an I/C.

Because I never was one.

Your repeated lies that I was given a car will come back to haunt you. Where I lived, we were given a parking sticker for each car we parked on the property. We were only allowed to have 2 cars based on the size of my family. I had 2 cars. I had a sticker for each car. In order for me to have parked a CTG-owned vehicle within my complex, I would have had to register that vehicle with the complex owners. Absolutely NO ONE is allowed an extra car. Aside from that fact, former employees of CTG will testify under oath that I never had an assigned vehicle that I kept at my home and neither did they.

Friday, September 4, 2009

EVERY Lie Is Proven A Lie By Your Own Documentation

Every single lie told to LCT Magazine by Mr. Pazzaneze can be refutted by his own documentation submitted to the court!

Notice what I am referred to in the following quote from Mr. Pazzaneze? The EMPLOYEE.

The employee provided that business name and requested to enter into an Independent Contractor relationship.

Really? Where is "NC Professional Services" on the agreement you claim we have where you supposedly paid me 50% of the base of all jobs plus 100% of the gratuity? The first time I ever heard of NC Professional Services was after I demanded my 1099M. I would never call myself NC Professional Services because I don't have a business and I never have. You made it up, and frankly, it's sounds like some sort of ladies of the evening business name. Next time, be a little more creative.

This one's hysterical:

Doe came to CTG asking to be a contractor and brought her own client list. She set her own schedules and would take other jobs as she felt like it.

HAHAHAHAHA! I had TWO friends who wanted to be driven by me after I went to CTG, and decided to come along. Both of them WERE driven by other CTG drivers. If I did set my own schedule, why do I have emails from CTG's dispatch dictating what my jobs were for the next day? I NEVER set my own schedule. Not ONE, SINGLE day. I have those emails, by the way, dictating my jobs for the next day. All of them.

And the biggest WHOPPER of them all?

As a contractor, Doe had an assigned vehicle that she took home and kept overnight.

BWHAHAHAHAHA! NO ONE was ever allowed to keep a CTG vehicle overnight because your insurance didn't allow for the vehicle to be stored anywhere but on CTG property. Even if I finished at 2AM and had a 9AM, I would have to go back to CTG and pick up a vehicle. On my driver trip sheets, sent the night before, there was a section for which vehicle I was to take. HAVE YOU FORGOTTEN THAT?

Oh what a tangled web we weave......................

Thank You!

You know who you are! Thank you for the copy of the article!

Thursday, August 13, 2009

There's Been A Ruling!!!!

The Judge has dismissed Pazzaneze's motion to dismiss! There are too many "factual disputes".

Well, no kidding. Where IS the 50% of the base plus 100% of the gratuity I supposedly received for those 1100 jobs I did? ELEVEN HUNDRED. For which I was paid SEVENTEEN bucks plus gratuity.


Now it either goes to trial or a resolution must be reached.

I don't care if it goes to trial. I've waited this long already. I've a feeling the opposing party will not like the information revealed at a trial, and a Pandora's Box will open.

Monday, April 13, 2009

Strange Defense Strategy

The defense claims that I essentially "had a business" because the two clients I drive came to a new company with me. Did CTG complain when they were the ones billing those two clients for about 40K? Of course not. Did they object to providing services to those clients when I drove for CTG? Of course not. Now they want to insinuate that I am a businessperson because those two clients left CTG when I did.

What a JOKE.

NEWSFLASH! I was ill this past Monday and one client actually ALLOWED herself to be driven by another Chauffeur, and when I was on a stretch as-directed Friday evening, the other client was driven by yet another Chauffeur!!!!!

I guess this means they accept the fact that I am not always available and therefore, may be driven by another Chauffeur on occasion.

Thursday, April 9, 2009

Under Advisement And Other News......

The lawsuit has been taken under advisement by a Judge who will decide whether or not this case should proceed.


News Flash! The two clients I drove BEFORE I went to CTG and after I left have ridden with other Chauffeurs when I am sick or have the day off!!!! Your argument that I "have a business" won't wash. The clients aren't MINE. They are people who pay whatever company I am working for. You will receive the receipts the clients paid, but that will also include who the Chauffeur was on that particular day.

The funniest moment had to be when Mr. Pazzaneze's lawyer told my lawyer that I "threw coffee on his town car at Logan Airport."

What's more embarrassing? You having to lie or the fact that you are now back to driving your own car again because you don't want to or can't afford to pay employees?

Trust me, if I threw coffee at a CTG vehicle, Mr. Pazzaneze would have called my employer so fast it's not even funny. Why the lies, Mike? Are you that worried? Maybe you should be worried since I am in the process of going through all 1100 jobs and figuring out the 50% of the base you supposedly paid me. Remember the agreement "we have"? The one you mentioned when you signed a deposition under penalty of perjury? The one that doesn't actually exist?

The President of the New England Livery Association is a liar. What type of man lies about women? Weak ones.

Saturday, April 4, 2009

Request To Dismiss Will Be Heard In Court on April 7, 2009

CTG's request to dismiss my case will be heard this Tuesday morning.

Stay turned.

Let The Subpeonas Fly, Baby!

Well, well, well.....the attorney for CTG has subpoenaed the two clients I drove exclusively at CTG and the company I now work for, since both those clients decided to switch livery companies when I left CTG. They want to establish that I received money from the two clients, thereby making me an Independent Contractor, and that I am currently employed on a 1099-basis for my employer.

GUESS WHAT, YOU DOPE? I NEVER RECEIVED A PENNY FROM ANY CLIENT THAT WAS PAID DIRECTLY TO ME AND I AM A W-2 EMPLOYEE AT MY CURRENT COMPANY. DON'T YOU REMEMBER BILLING THE CLIENTS AND PAYING ME 10 BUCKS PER HOUR PLUS GRATUITY FOR ALL THOSE AS-DIRECTEDS?

Nice try attempting to get my employer to give YOU the names of everyone I have driven since I joined this company. Isn't your so-called attorney smart enough to know that my employer doesn't have to provide you with any information proprietary to their business? Did you think you were just going to get the names of the companies we service so you could go after that business with lower prices? What an effing joke you are. The only information you are entitled to is the date I started with my new employer and whether or not I am an employee or an Independent Contractor. You aren't getting a copy of all my driver trip-tickets.

Sunday, February 22, 2009

I'm Still Waiting, Pazzaneze

I left you a message telling you I must have an accurate 1099. One that does not have the phony company name "NC Professional Services" on it, as well as a letter from you stating why you could not meet the federal guidelines for delivering this 1099 to me prior to the cut-off date of January 31, 2009.

As an aside, your claim that I was working for another company during my last week with CTG is not only a lie, but a contradiction to the definition of what an Independent Contractor is allowed to do by law. I can work for whomever I want, whenever I want. I am FREE FROM CONTROL. Too bad it isn't true.....

The truth never did matter to you, but your lies will catch up with you. One can only skirt the taxman for so long. Those years and years and years of 1099s you never sent to the IRS because of "agreements" you had with certain Drivers will be your downfall.

If you were a smart man, you'd settle this matter. Once a certain person who worked in your office for 9 years while on disability from Hewlett Packard (who you paid checks to under her husband's name) receives a subpoena, the house of cards will fall.

Friday, February 13, 2009

The Case Of The Phony 1099

Well, imagine my surprise when I received a 1099 today for 2008. Yes it arrived 13 days after the IRS cut-off date for receipt of a 1099. 1099 must be sent to the Independent Contractor no later than January 31, 2009 for the fiscal year ending December 31, 2008.

What do they care? It's not like they're legal or ethical, for God's sake.

What was even more shocking than receiving this official document past the date I should have received it was the fact that they actually gave me a business name.

My name and then NC Professional Services. NC Professional Services? Who the HELL is that? I don't own a business. I am not incorporated. I don't DBA NC Professional Services. I have never applied for or claimed to be NC Professional Services.

Chauffeured Transportation Group was kind enough to actually give me a business name! Isn't that special? Sure it is. It's also ILLEGAL as hell.

Tuesday, February 10, 2009

1100 Documents To Review

Well, out of these 1100 documents, I don't see the infamous "agreement" in there. You know the one. The agreement that I signed acknowledging I would receive 50% of the base of all jobs plus 100% of the gratuity of all jobs. I do see an agreement to work as an Independent Contractor, but neither the fill-in-the-blank name section nor the signature on it are mine.

Are you people at CTG nuts?

The section on all the documents detailing each run have the cost of the job "intentionally left blank". Not to worry, Mr. Pazzaneze, I KNOW the cost of each run. I KNOW the base of every job. I KNOW how to figure out gratuities. I KNOW "my" client was charged 50.00 per hour, yet I was paid 10.00 per hour. That's not 50%, that's 20% of the base.

You can continue on with this facade and boat load of lies. It just makes my case for me.

Friday, February 6, 2009

Don't Even THINK About It

Manipulating the information in either Comet Tracker or FastTrak will leave a trail. If you are going with a defense that I was GPS'd and not actually "working" because I went home during the 5-hours in between runs that would mean you are using my being an EMPLOYEE as your defense because you can't GPS Independent Contractors. Independent Contractors are "free from control" according to both the state of Massachusetts AND the IRS.

If I WAS an employee, you owe me at least an hourly wage for every single hour I spent in YOUR car.

Since you claim to have a signed agreement where I agreed to 50% of the base plus 100% of the gratuity, that would mean you are using Independent Contractor as your defense. No such agreement exists and you know it.

Don't forget I used to be a geek in a former life. A computer forensics expert will dissect your FastTrak and Comet Tracker data should you decide to manipulate the information.

Thursday, February 5, 2009

February 5, 2009

The requested information is currently being reviewed by my Attorney.

Hopefully EVERY detailed trip sheet - with the financial breakdown, copies of every pay check, that infamous agreement with me signing off on a 50% of the base and 100% of the gratuity arrangement, and email between myself and everyone at CTG have been included.

I do hope CTG realizes that manipulating the information in FastTrak can be tracked. It's too late to make any changes. I have copies of every emailed job. If CTG chooses to attempt to change a thing in their FastTrak database, a trail will be left behind.

You signed off on an affidavit, and the information you provided needs to reflect what you say you paid me.

We shall see....

Monday, February 2, 2009

Information To Be Reviewed Today, February 2, 2009

This should be interesting. How can CTG possibly show payments of 50% of the base, plus 100% of the gratuity on almost 1100 jobs? I can't wait to see the manipulated data.


This should be very, very interesting indeed.


I certainly hope no one reports any falsehoods because that would be illegal.

Friday, January 30, 2009

Today Is Supposed To Be The Day

Today is supposed to be the day when Pazzaneze's lawyer turns over all documents related to the 14 months and almost 1100 jobs I did for CTG.

These are to include hours worked, the cost breakdown of every run (you might as well be honest since I have all the emails saved.) You remember the emails. The emails sent the night before that show what I was to do the next day. THOSE emails.

Also to be included is the Independent Contractor Agreement which I supposedly signed and show an agreement between myself and CTG where CTG agreed to pay me 50% of the base of each job plus 100% of the gratuity. That should be a real hoot. Where are you going to come up with such a document? I can't WAIT to see who signed it.

You should keep two things in mind:

1. The paperwork requested from the accountant of my friend who spent $45,000.00 was also forwarded to my friend and shared by her with me.

2. The driver who no longer works with CTG will testify under oath how much he was paid per job, which was MORE than I was paid per job, yet he had no clients who rode exclusively with him. How could I be the highest paid driver based on your signed-under-penalty-of-perjury affidavit?

It's 10:10AM. I certainly hope you respect the Judge's order to provide these documents before the end of the business day. I would hate for someone to be held in contempt.

Monday, January 26, 2009

I, TOO, SIGNED UNDER PENALTY OF PERJURY

Yes, I signed the rebuttal to the lie-filled affidavit filed with the courthouse by Michael Pazzaneze. There's one problem for you, Mr. Pazzaneze. I told the truth. You should have consulted a lawyer who specializes in labor laws and not in criminal defense, although that IS a bit ironic.

I never received 50% of the base of ANY job, let alone almost 1100 jobs. I did not "come to you" in November, 2006, and ask to lease a vehicle from you so I could "drive" my clients. I never had clients. I merely have two friends who prefer me driving them and use whatever company I am working for. Did you think I wasn't smart enough to keep the emails where your dispatcher threatened to have other drivers drive my friends, and your response that I would always be the driver who drove my friends because that's what my friends wanted? You controlled who drove my friends, therefore, you were my EMPLOYER, however, since you are sticking with the lie that I was an Independent Contractor, this should be fun. Since one of my friends spent almost 45,000.00 and the other 6,000.00, DO THE MATH, because there are about 900 other jobs that you owe me 50% of the base on, as well as 100% of the gratuity. That's the agreement you swore under penalty of perjury that we had. When I left CTG, both my friends came with me. I do not receive 50% of the base of their base charges. If I were receiving 50% of the base of all jobs I did for you, I NEVER WOULD HAVE LEFT. You are so stupid, you can't figure out what any person with a half a brain will figure out. Did you even read what you signed? Did someone else sign it for you? Did someone else photocopy a copy of your signature like you did to me? The only thing I ever signed for you was an APPLICATION FOR EMPLOYMENT. Imagine my surprise when I saw the same exact signature on my agreement to work as an Independent Contractor. The SAME EXACT SIGNATURE. You are so dumb, you didn't think anyone would hold those documents up to the light and see that they are exactly the same. The problem for you concerning those documents is that NO ONE SIGNS THEIR NAME THE SAME EXACT WAY TWICE. There is ALWAYS a slight difference, but not on these documents. You or one of your associates, photocopied my signature from the employment application and then pasted it to an Independent Operator agreement and photocopied that.

Dumb, dumb, dumb, and illegal. If you think a summary judgement will be granted to you based on your lies and my documentation that completely refutes those lies, you need a new advisor.

You can read all blog entries by clicking on the 2008 archive icon located on the right side of this page.

Friday, January 16, 2009

LATEST UPDATE

I was wrong. I actually did almost 1100 trips in a 14-month period.

Since Michael Pazzaneze of Chauffeured Transportation Group, or CTG, has decided to lie under penalty of perjury, it's all fair game now.

17 dollars per trip, plus gratuity. That's what MY pay sheets show. 17 bucks.....

Michael Pazzaneze has given a statement signed under penalty of perjury that he paid me 50% of the base of all trips, plus 100% of the gratuity. Imagine my DELIGHT at finding out that since he wants to continue calling me an Independent Operator and claims to have an agreement with me that shows I agreed to 50% of the base, he owes me about 30K, just in unpaid base fees alone.

Why, why, why would Michael Pazzaneze lie under penalty of perjury? Doesn't he know I am smart enough to have my pay sheets AND the emails detailing the cost breakdown of my jobs?

Some people in this industry are SO unethical, it isn't even funny.