JAN-PRO Franchise Complaints

723 thoughts on “JAN-PRO Franchise Complaints”

• 1st Amendment has stated an important fact that most cleaning franchisees seem to overlook.

  Based, in part, on a 2010 decision by the U.S. District Court, Northern District Illinois — you are employees, NOT independent contractors.

  If you are not paid for the work you do, contact an employment lawyer. Most work on contingency as the penalties include their fees.

  The first determination will be your eligibility under FLSA. The master franchise owners exercise far to much control for you to be considered anything but an employee. Your services are an intergral part of the operation, they provide training, no special skill is required — I can go on and on. Each supported by case law.

  IF you have been damaged, YOU hold the cards. Play them. They have clearly violated the covenant of good faith and fair dealing which in and of itself is actionable.

  In Illinois, check the provisions of the Franchise Disclosure Act. Read it carefully, in my opinion it holds the key to ending the current operations of this company.

  THINK before you act.

• “Based, in part, on a 2010 decision by the U.S. District Court, Northern District Illinois — you are employees, NOT independent contractors.”

  This is an overstatement and deceptive, isn’t it Legal Eagle?

  Have all states definitively ruled that janitorial franchisees are to be classified as employees? Has that been determined federally?

  Are all cleaning franchisors now treating franchisees as employees, withholding taxes, FICA, paying overtime, etc. across the country?

  You should be very specific and accurate with your Legal pronouncements, otherwise you are just as bad as those you criticize.

  Please explain the real extent that franchisees are classified as employees, officially, legally, today, Legal Eagle.

• The Seventh Circuit has stated the appropriate criteria in analyzing employee status under FLSA is the six-factor test, Lauritzen, 835 F.2d 1534; see Bulaj v. Wilmette, 09 CV 6263.

  Using this guideline I believe those franchisees that have not been compensated for their work could file a FLSA claim and win.

  A) Control Over Manner of Work

  You provide training, supervision and penalties for failure to comply.

  B) Opportunity for Profit and Loss

  Profit [sic] is pre-calculated and restricted.

  C) Investment in Equipment

  Bucket/mop/vaccum does not meet this standard.

  D) Requirement of Special Skill

  None required

  E) Degree of Permancy

  I feel this irrelevant. You list 10 year renewalble agreement.

  F) Intergral Part of Business

  Without the z’s your business fails.

  One can also review the criteria for un-employment (Illinois law). It is my position that your company does not meet the requirements to qualify for the exemption.

  I believe a case covering unemployment was previously stated by another individual on this site.

  My opinion of companies like this is one of disappointment. I feel you take advantage of those who dont understand.

  “Guest” tell me I’m wrong when I say that all penalties and fines are not disclosed to prospective customers prior to their giving you money.

  “Officially, legally, today” [your comments make me sick]

• Jan Pro is built to make them money only. I had a good business and lost it all because I tried to communicate my concerns about everything. I always got 10’s and was liked by contacts. They only help themselves and if your looking to get into this business realize your only gonna make a little over min wage and it costs you way more in the long run. They need to b shut down but as long as people try to live an easier work life they will succed. To al the master franchisors reading this post, one day you will all get what u deserve. I work hard but I make money if you want to do cleaning do it yourself.

• “Based, in part, on a 2010 decision by the U.S. District Court, Northern District Illinois — you are employees, NOT independent contractors.” – Legal Eagle

  Legal Eagle states this like it’s an undisputed fact, as a matter of law in all states. So, a franchisee in, say, Texas or Florida or Virginia would assume that they are legally classified as employees and due the same protection as employees.

  Then, when questioned, Legal Eagle turns into Legal Chicken and gives a 6-point test that’s up to interpretation, and muddies the water to obscure the fact that, no, franchisees are not legally classified as employees. Isn’t the truth that this battle would have to be fought on a state by state basis with lots of lawyers and lots of money for an uncertain outcome?

  Legal Beagle, it’s a good idea to make sure you’re being honest and accurate and above reproach when you’re attacking others for being deceptive. Your statement above is neither accurate not honest, is it?

• I think that we can all agree that jan-pro is a bad investment and that the best thing to do is to start your own business. I hope that we can get Laws changed so that companies like jan-pro are stopped from hurting so many families.

• Guest and Legal Eagle lets work together. How can we work together and get congress or the Goverment to change the Laws so that these cleaning franchisors can no longer rip-off people and families. How can we change the law so that they can no longer …

  1. Steals accounts from anybody

  2. No longer underbid accounts so low that there is no profit

  3. Stop there scam of giving people $50.00 fines for ridiculius things like not replying fast enough to there e-mails. I hear that this is there new way of ripping of people

  I could go on and on. Lets work together to stop these franchisors.

• The first step is knowledge.

  FLSA – Fair Labor Standards Act – Title 29 United States Code Section 201.

  It applies to everyone, every State.

  IF you have worked, the employer is legally obligated to pay you. IF you are working more than 40 hours you are due overtime, your compensation MUST be above the federal minimum wage.

  Wage and Hour laws arent pretty but they have TEETH. Use them.

  Contact a local employment attorney, they will help you max out the penalties.

  If you provide “day porter” coverage and the client instructs you in any way — they to may be eligable to be named as your employer. Several cases out west against some of the larger food stores. They were found to be the janitors employer even thought the janitors were “independent contractors” for an outside cleaning company.

  The District Courts will set their own criteria, if unfavorable, check State provisions. The Illinois Supreme Court handed down a nice decision in 2007, Roberson v. Industrial Commission, WL 851594, Docket 102723.

  Mr. Roberson (independent contractor) was injured while performing his duties, he was denied comp benefits because he was not an employee. It was finally determined by the State Supreme Court that he was an employee due to the fact P.I.&I Motor Express (employer) exercised control over Mr. Roberson and that he was an intergral part of the business.

  A truck driver working for a trucking company — employee

  A janitor working for a janitorial company — employee

  Illinois, and many other States, have unemployment and franchise disclosure laws which are “labor” friendly. USE THEM.

• The fastest way to put an end to these janitorial scams would be to go after the publications and websites that take money to provide a constant stream of victims to these scanners. Let’s start with an email campaign to entrepreneur mag and the other advertisers to get them to stop advertising these scams. It’s ridiculous. 7 of their top 100 are thes scams and they know it!

  http://www.unhappyfranchisee.com/top-100-franchise-opportunities-2011-behind-the-hype/

• Anon —

  You said the magic word —- “money”.

  A handful of individuals are no match (in our current legal system) for a well funded corporation.

  You need to find someone with a bigger stick than theirs’.

  Have you heard how the government is in need of additional revenue???

  IF cleaning franchisees were found to be employees, the government (State and Federal) would be due millions of dollars.

  A handful of corporations are no match (in our current legal system) for an underfunded government.

  If people are interested, I will post specific legal references you can send to government agencies and our elected representatives.

  The government needs the money and they control the Courts.

  Sounds like a win-win to me.

• More Revelation about Jan pro coming soon from master. Keep looking

• Worst company to be associate no ojoining them
  ne should even think about

• they make u cheat people

• LEGAL EAGEL YOU ARE CORRECT BUT IN THIS COMPANY YOU ARE CONTRACTOR NOT AN EMPLOYEE SO THAT LAW DOES NOT APPLY. YOU GET A 1099 NOT A W2 SO YOU ARE YOUR OWN BOSS

• That’s right! You get a 1099 at the en of the year. Consequently, after you pay almost 25% of the amount of the 1099 to Jan-Pro you have to pay at least 15% to the IRS, discount your expenses on cleaning supplies, mileage, gas etc. At the end, if you clear $8 an hour you are doing really well. The best part is that “you are your own boss”. You are a glorify janitor no more no less. Go ahead and purchase a franchise from Jan-Pro and you will became a glorify janitor!

• tee —

  Receiving a 1099 does not make you a legal sub-contractor.

  A true contractor is free to enter into any contract, at anytime, with any party they wish to.

  The Jan-Pro agreement that I have access to contains a non-compete clause prohibiting the franchisee from working in the janitorial field outside of the master franchises’ control.

  ACTIONS provide the basis for the determination if you are an employee or contractor, not just receiving a 1099.

  Take your agreement, and the training book, to an employment lawyer in your area. I’m positive (if the agreement is identical to the one I have) you will be deemed an employee.

  Several States use the “ABC” test to determine if you are a contractor or employee.

  This requires the employer to comply with three specific requirements in order to qualify for the exemption.

  If you were trained and required to follow cleaning procedures; are prohibited from getting accounts and billing them on your own; are fined for not following internal policies and procedures — YOU ARE AN EMPLOYEE not a sub-contractor.

  Based on the information I have, Jan-Pro does not meet the qualifications to call its franchisees sub-contractors.

  I would be happy to review any factual information to the contrary.

• Tee —

  Take the time and read the case of Awuah vs. Coverall North America, 707 F. Supp. 2d 80 (2010)

  Coverall and Jan-Pro use the same business model.

  The franchisee was found to be an employee, not a contractor.

  If you cant afford a lawyer to review this agreement and explain it to you in simple terms —- you cant afford to sign it.

• http://www.boston.com/business/articles/2011/09/01/coverall_workers_entitled_to_recover_franchise_fees/

  enough said

• Coverall, Jan Pro, Jani King, Octoclean, etc…. your days are numbered
  http://www.bluemaumau.org/10644/franchisor_hit_hard_pretending_employees_are_franchisees

• Jan-Pro is nothin but a giant scam!!!! I was cheated out of my money so many damn times and they expect me to pay them for wprking for them… Yeah right!!!!!!!!

• Coverall LOST ! Franchisor Hit HARD !

  Cleaners WIN !

  Franchisor Hit HARD For Pretending Employess Are Franchisees.

  The Supreme court Smacks Coverall wuth huge bill forlabeling its employees as franchisees.

  Plaintiff Awuah Wins !

  Here is the link to the article article

  http://www.bluemaumau.org/10644/fran…re_franchisees

• i’ve been with janpro for four year and its starting to be a big joke.

• FINALLY. A Court with a clear and well founded opinion of franchised cleaning companies.

  Coverall was required to return ALL fees, as they should have.

  You cant charge an employee sales and marketing, administration, royalty, and insurance fees.

  I would suggest ALL franchisees contact an employment attorney ASAP.

  Try to get your money back before they file for protection under Chapter 11.

  Happy hunting.

• As a ex Master I am sympthise for all the people who have joined Jan Pro. I have refused to work there way and my account has been closed.Please do not waste your money on this

• Here is the right link to the Coverall decision and a few other articles that came out that day on that 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

• Samson,

  I would like to talk about your comments.

  My contact info is on this site, check earlier posts.

• Do not waste your time this is a PONZI SCHEME!!!!!!

• Yes is a Ponzi Scheme! You buy a franchise and you give Jan-Pro the money, however, Jan-Pro does not have the accounts for you. They promise you with the business. Jan-Pro has to figure out how to give you that business. 80% of the time Jan-Pro is going to give you and account that another franchisee paid for it before you. This is as a Ponzi Scheme as far as I know. Of course, unless you think you are making a rain check payment for a business like Kmart does for toys. Do not put your money in Jan-Pro unless you want to pay to get a job as a janitor. Call me stupid, being there done that. I regret it. I gave Jan-Pro $10,000 for a janitorial job!

• Glorify Janitor and all others….

  DONT be the taken advantage of. Contact an employment attorney in your area.
  Have the lawyer review Awuah vs. Coverall. Its a precident setting case in which the franchisee was able to recover ALL monies paid to Coverall.

  Coverall and Jan-Pro are identical companies.

  What the cleaning franchisees are failing to see is that you ALL are employees.
  You may have the chance to recover the money paid.

  Most attornies will talk to you for free, CALL …

  As an employee you have the right to be paid for ALL time worked and you CANNOT be charged insurance, management and the other fees. You may also be able to recover the initial funds paid as no employer can charge you for a job.

  You were taken advantage of once…..dont let it happen again.

• Coverall has now stopped selling there fake franchises in …

  “High Stakes”. That is the latest and most recent article that just came out on Franchisetimes.com

  Here is the link to the article.

  http://www.franchisetimes.com/content/story_result.php?article=02283

• Coverall has stopped selling fake franchises only in Mass. Elsewhere, the lucrative janitorial franchise scam continues:

  “Coverall has stopped selling franchises in Massachusetts and is treating its 250 franchisees there like employees, covering their insurance costs and paying them regular salaries.

  Vlaming said Coverall’s local business had suffered “a little bit of a fallout” after publicity from the 2010 and recent Supreme Judicial Court decisions. “We are still selling franchises in other states,” she said.

  However, it’s business as usual for the other five commercial cleaning franchise systems in Massachusetts….”

• I must say jan-pro was s good company until they hit hard times and took all my contracts and resold them to other people and started to pay me whenever they felt like please give me info on the class action lawsuit!

• Cameron

  Take your case to an employment attorney. By law, you are due wages for work performed.

  If all accounts were taken you may be eligable for unemployment depending on which State you reside in.

• I just started this year with Jan Pro of Illinois and I too am upset and frustrated. What should I do this is not what I thought it would be. Any one willing to guide me I really need the help. Single mother of 4 kids. Please anyone?

• sofia

  Contact unhappyfranchise [at] gmail.com the management of this site has my permission to give you my contact information.

  I would be happy to discuss your situation.

• Are there any complaints from any city in Ohio?

• Inez:

  Good, at least you are checking BEFORE risking your money.

  FIRST – take the contract to a local attorney and ask him/her to review it and explain it to you. If you cant afford to do this, you cant afford to risk your money. Have the attorney specifically check the agreement against the States employment laws. Under Ohio law are you an employee or contractor?

  SECOND – ask the master franchisor to give to you in writing EXACTLY what you will be getting for your management fee. Let me know what they give you.

  In the disclosure documents should be a listing of each and every franchisee, contact all of them, ask questions.

  Remember, you are not going to purchase ANY accounts. The money you are paying is for the privilage of working their accounts. These accounts can be taken away from you.

  If you decide to risk your money, keep a good working relationship with the customers you serve. Keep in contact with them, in person, let the customer KNOW YOU. This may come in handy in the future.

  Good luck.

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• I’m from Birmingham,Al & Jan Pro got me to. To all who wants to cover for Jan Pro, God sits high, look low & he’s not sleep nor died. You can hide nothing from him & yes he will see that everyone that was ripped off by Satan will be compensated.

• JAN-PRO
  is a rip off ever since this new ppl came into place here in NASHVille Tn, they been taking offices away for no reason. its been about a full year that they ALWAYs pay me late & to my luck there check bounce every since time. I WOULD not recomend JANPRO for anything in the world. the OWNERS lie to much lie & after a lie. but yet they want me to clean for free get the fuck outta here. Im just soo mad i dont know what to do who to inlovlve everything i do they always end up winning i want to sue them but dont know where to start, i have proof of there lies & of cource there bounce check & to this date they have not paid me for the month i worked for.. just trying to stay calm.

  BUT TO WHO EVER IS READING THIS DO NOT EVER GO WITH JAN-PRO THERE RIP OFF & LIE TO MUCH

• Nina….

  Dont get mad, get even.

  Your State uses the “ABC” test to determine worker classification. This is to your advantage.

  Take a copy of your contract AND the training materials to an employment attorney. Explain what has happened and you may have a case under the Fair Labor Standards Act.

  You and many others need to determine if you are truely independent contractors or employees FIRST.

  Based on the material I have been abel to read you are an employee.

  When a company such as Jan-Pro provides training, supervision, and penalties for non-compliance with company policies — they are exercising to much control for you to be classified as an independent contractor.

  This and the fact Jan-Pro is dependent on the services provided by the franchisees for their mere existence. One cannot exist without the other.

  The non-compete is also an area of great concern as to the extent of company control. A true contractor is free to enter into ANY gainful agreement. Jan-Pro prohibits such activity.

  Contact your States Dept. of Revenue and Dept. of Employment Services (unemployment office) they to will be interested in why your employer is not paying their fair share of unemployment inusrance and employment taxes.

  If you have lost all of your accounts file for unemployment. Get an employment attorney and have fun.

  Let me know what happens.

• Guess what? Jan-Pro still is selling franchises in despite of all complaints. Jan-Pro runs the business model as a Ponzi scheme no more not less. Only in America! Please buy a so called Jan-Pro “franchise” and you will fall into the Ponzi scheme category as well as I did. Being there done that!

• Here is a link and article to recent developements in the coverall case.

  http://llrlaw.com/pdfs/cleaning_franchise_02_14_2012.pdf

  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.

• Rich Kissane is a BUM!!!!!!

• Richard Kissane the president of jan-pro knows what is going on. When jan-pro was exposed on Television for ripping of all of those cleaning ladies he said he would take care of the situation and rectify the mater and he never did. HE LIED !!! Richard Kissane is part of this Ponzi Scheme and needs to be put in Prison!

  Webster Capitol bought jan-pro a few years ago. They took investors money to buy jan-pro. I don’t think that Investors are going to be very happy with the purchase that Donald Steiner managing partner, Rob long senior general partner, david malm senior general partner, charles larkin general partner, andrew mcgee general partner, kyle hynden senior associate, jenny betzwieser senior associate, mark greene chief financial officer, or sarah mcbride associate.

  I dont know why Webster Capitol who owns jan-pro continues to let jan-pro and it’s president Richard kissane and the other people in his cave run things when they constantly continue to run a Ponzi Scheme!

  Thousands of us who got ripped off by jan-pro and webster capitol are coming together and we are growing in numbers everyday. We will continue our Fight until we get JUSTICE!

• As a former franchisee, and then, an employee as an Operations Manager, I can attest that the master franchisor is truly out for themselves. Sean Hassan and Moe Hassan of Jan-Pro of Raleigh were very unscrupulous when it came to transactions with franchisees and clients. I saw them threaten franchisees with false statements of terminating their franchises if they didn’t concede to their wishes, only because the franchisees couldn’t really understand the content of the Policies and Procedures. As for the clients, I have seen Sean alter contracts and hide certain parts of the contract, as he threatened them with legal action. There were stipulattions in the contract that benefited the client, but Sean would hide these parts to ensure that the client stayed on as a part of their ongoing business. They also state that they are members of the Better Business Bureau, but, according to Sean, all that took was a payment. This particular master franchisor is not one to be trusted.

• Kevin,
  Nothing new with Moe, Sean, and the other bother that works in the shadows. Like father, like sons, ready to take your money. The will tell you lies and hide as much as possible from you, so they can profit as much as possible from you . They will sell you a sack of shit and a machine to buffer the shit as long they can make a profit. The previous franchisor in Raleigh was bad, but the Hassan’s gang is taking it to next level ripping people off. They are greedy and they have absolutely no morals or integrity

• It seems that there are quite alot of digruntled franchise owners within the realms of Jan-Pro Cleaning Systems. I’m sure that if someone took a really good look at Jan-Pro of Raleigh (North Carolina), they’d find that there are evn more shady dealings going on with management screwing over the franchisees than anyone could ever imagine. Having been a franchisee and then an Operations Manager, I have seen both sides. To potential franchisees…stay clear of this particular company. To potential clients…be sure to read your contracts very, very carefully, and don’t let Sean Hassan trick you into anything that seems unnecessary (if it seems shady, it is shady).

• I WAS really considering a Jan-Pro franchise because I was promised $100,00 yearly for my investment. However, after reading all the comments, I’ve reconsidered. Especially having read Sofia’s comments because I too am in Illinois.

  Does anyone know of ANY reputable franchise opportunities?

• If it is a franchise and the franchisor is a member of the IFA (International Franchise Association) steer clear! Know this! If they are promising you lots of money, RUN! That is the first sign of a corrupt organization. Why? Because noone can know if you will be successful in your franchise. The entire opportunity will be yours.

  Why do franchisors need to tell you how wonderful their opportunity is? Shouldn’t others be saying how great it is?

  Stay away from franchisors who make glorious video’s of happy franchisees. Tell the franchisor you want to ride with those in the successful videos and see their contract. See if your contract and theirs look the same!

  My thoughts on franchising is screw them all! If you can succeed without franchising you will be far better off OWNING your own business. Franchising is a way of controlling business owners and making more rules to profit off of them. Sounds like our government! No? Making new laws to increase bigger budgets, spending what you don’t have.