Stratus Building Solutions franchisees in Indiana have filed a Class Action Complaint and Jury Demand against Stratus master franchisee Shamrock Building Services, Inc., Kevin Spellacy, Jerry Wenger, and Pamella Martins,and Stratus Building Solutions franchisor Stratus Franchising, L.L.C..
The case was filed June 8, 2012 in Marion Superior Court on behalf of the defendants by Paul B. Overhauser, attorney, and Kathrine Jack, of Counsel, of the law firm of Overhauser Law Offices:
Read the full complaint here:
Nidia Martinez, Maria Manriquez, Elsa De La Cruz, Eni Cruz Rodriquez, Victor Garcia, Laura Andolon, Ronny Funes, Theresa Escobedo, Lorenzo Rodriguez, Faustina Negrete, Yolanda Alvarez, Jose Leon, on behalf of themselves and others similarly situated,
Plaintiffs,
vs.
Shamrock Building Services, Inc., Stratus Franchising, L.L.C., Kevin Spellacy, Jerry Wenger, and Pamella Martins,
Defendants.
According to the franchise complaint:
“This case involves unscrupulous Defendants who ignore these laws, and instead oppress hundreds of American workers just to make themselves richer.
“Their unscrupulous strategy is to label their workers ‘franchisees,’ and have them sign a ‘franchise agreement.’
“Using the misguided and illegal strategy, they have evaded the consumer and worker protection laws that form the foundation of American society. Instead, they pay their workers a fraction of the minimum wage, make illegal deductions from payments to their workers, and evade taxes owed to the Indiana and Federal governments.”
The complaint alleges that the franchise system used by Stratus Building Solutions and its master franchisee Kevin Spellacy is essentially a scam that promotes an oppressive and illegal scam that defrauds would-be business owners out of their life savings. The lawsuit contends:
“Defendant Stratus is a janitorial services company that contracts with owners of commercial buildings to clean offices, schools and medical clinics. Because janitorial work is often an unattractive occupation, Stratus needs to offer incentives to prospective workers.
“Unlike legitimate businesses, who would simply offer a higher wage to attract workers for an undesirable job, Stratus uses a different scheme. It offers prospective workers a ‘guaranteed business’ and ‘guaranteed financing’ and the prospect of making thousands of dollars.
“To make matters worse, when hiring cleaning workers, Stratus makes them first pay a ‘franchise fee’ to purchase a ‘franchise.’ These ‘franchise fees’ often represent a worker’s entire life savings; yet they get nothing in return, other than the right to be subjected to further exploitation by Defendant’s illegal scheme.”
Read more here: Janitorial / Commercial Cleaning Franchise Issues
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Lies be told, Annonymous Indy/Rex, aka "Bob"....Well maybe, but it will take a much better and smarter man than you/Overhauser/Jack...Though Jack technically isn't a man, she does play one from time to time....You continue to promise that you won't post here any longer, but if my counting is correct, this is the third time that you've posted that same promise.
In regards to you, you will continue to be a second class wannabee, always wanting to be someone else, always wanting to do something else, always wanting to accomplish just one thing positive in your life.
Obviously, you still want to work with/for me, lord knows that you belly ache enough about a simple job, that simply you couldn't do!
Now back to the case at hand, so you claim that you are/were only anonymous rex or indy? it is obvious that you are "lies be told". so was it Overhauser or Jack that was the other?
Noticed how you, nor Overhauser/Jack even questioned my original post. Kinda hard to dispute the truth isn't it?
Sorry about the truth being posted by me, I know it hurts, but it is still the truth....Soon you will be going by the wayside just as Fortman, 1st Amendment and the others before you.
Continue to be unhinged, wouldn't have it any other way.......
Lies be told, aka annonymous rex/indy, aka "bob": Please make sure that you tell Overhauser/Jack/Plaintiffs, that a full disclosure was completed yesterday to all owner-operators, this process began nearly two weeks ago, everyone knows about the lawsuit, everyone knows about the harm caused by Plaintiffs, You, Overhauser/Jack. I certainly wouldn't want to be in Plaintiffs shoes.
Lies be told, aka annonymous rex/indy, aka "bob": Guess you promised a bunch of buildings coming soon to an owner-operator. Should be real interested to see how you can get a "bunch", when you only sold six (6) your entire time, working full-time with a credible source/company. Does that mean you are going to attempt to "steal" existing customers/accounts from owner-operators, their families, their investments, food from their tables?
Love how Jack/Overhauser are attempting to "reach out" to former employee's, wonder what kind of reaction that they are getting? Well, obviously I already know or I wouldn't be releasing this information in such a public way. How does it feel to be told that you are Nuts? How does it feel not to get a response to "you may have witnessed some/all of the following attrocities during your time with Stratus", "Please contact me as soon as possible". I guess when someone like Jack "spews" crap/lies/innuendos day after day, they persume that it is the truth, yet when told the truth, they are convinced that the other party is either lying or been paid off somehow.
Lies be told, Overhauser/Jack, Plaintiffs you will be going the same way as Fortman, 1st amendment and other multiple posters on this site have gone in the past....A Flash in the Pan! Your 15 minutes of blogging fame are over!
Viewers: I heard about so many exciting things today that happened in court, I almost don't know where to start, well that is a little bit of a lie, let me first do a great shout out to my friend Lies be told, annonymous Indy/Rex, aka "Bob", I heard that you looked really haggard today, no, I don't mean Merle Haggard, just plain old haggard! Must be that wacky weed that you started smoking again, or could it be the fact that you are rumored to be a "kept man"?
Poor Plaintiffs, guess they are realizing that there really is "no end in sight", plus they heard today that at least one of the Defendants is planning on deposing "under oath" all of them if this case continues. Wonder what they will have to say when it comes to legal residence questions, legal status/standing questions, opportunity based questions, damage related questions, comments made to other owner-operator questions, comments made to customers questions, a whole variety of interesting questions. Especially since they just learned that the case will easily be going into late 2013 now without any issue at all. Of course, makes me wonder how much more money/time that Overhauser/Jack are willing to "put into the till" on a losing venture in the end.
Poor Overhauser/Jack, heard they had a rough day as well, misrepresented plaintiffs positons on a couple of things, was told about the stress on their faces and the desperation in their wanting to "move things up" on the court calender. Guess what is about to happen now?
Overall, I heard it was a bad day for the liars, and a good day for those that have done right by people, right by the owner-operators, right by the customers and lets see how this all plays out.....
Viewers: Sorry, I was just texted a question that I think is really good and maybe either Overhauser/Jack or possibly Lies be told could ask his woman to respond for him...
Question: If the case won't be final until late 2013 or early 2014, what would happen if Defendants Lose?
Answer: Appeals upon Appeals upon Appeals. That has already happened in numerous cases envolving franchise companies such as Coverall, Jani-King, Jan-Pro, Cleannet and others....Look at what happened to the Coverall case recently, that case is on Year 7 or Year 8 now! And there was only one Defendant in that case, technically there are at least four in this one......
Also, lets say it runs its course on appeals, what then? Well, a judgement to pay will be ordered....Good Luck on Collecting that! Of course by then, you must ask yourself, "self, how many of these people will still be around to collect?" I am sure that Overhauser/Jack have told their fired up Plaintiffs the truth on this....Don't you?
Jerry Wenger aka Hefty Bag, proved one thing in court today. The man who represents himself, represents a fool. So much arrogance. Jerry put himself on the same level as the attorneys, even though he is no attorney. Even the judge asked him why he didn't have an attorney, and admonished him to get one. All of his arguments to dismiss were refuted. Even now, in his statement above, he shows his character (none) daring to challenge to collect should he lose!!!! His sexist statements towards Katherine show a man backed into a corner, no class. Spew all the puke you want there Mr. Wenger, but instead of exonerating yourself, you show what a poor, weak excuse of a man you really are. I feel sorry for you in that sense.
Viewers: Sorry, I had to "step out" for awhile last night, had too many texts and emails about some of the postings.....What did I miss? Merle aka lies be told, aka annonymous Indy/Rex, aka "bob" has taken things way too personal I see and is claiming that I am someone known as "Jerry". Interesting, but more on that later......
The texts last night, some of them were from a person that I will simply call "BRO" his actual handle used to be Big Red One. He is a former military man, now owns his own business. BRO followed Mz. Jack last night to a rally for the feministas aka Sandra Fluke wannabe's. He admitted that he was scared for his life a few times, being a real Man's/Man, but not as scared as a bunch of illegals at a TEA Party rally! (had to go into the Politics, just for a moment).
BRO also checked in on Overhauser, but it was an early night for him, he simply had his warm milk and cereal about 8p.m. and turned in for the p.m. You know Patent Attorneys, they are full of laughs and spit/vinegar!
BRO also checked in on Merle last night, but BRO simply couldn't keep up, after a BONG Party in which the weed was flowin, Merle started singing and it really wasn't a pretty site for anyone.
Now back to the real story here, there's an old saying " In order to know your future, you need to only look into the past". So Merle thinks I don't where this case is heading, well let's go ahead and play it out for a second or two as I don't want to bore the Viewers too much.....There is a reason why lawsuits envolving commercial cleaning franchise companies only modestly work in states like MASS, California Dreamin and to a lessor degree MN. Why do you think that is? Can you imagine a Jury of "Peers" in states like IN or GA for instance, siding with such a radical view as contracts are worthless, allegations without proof, questionable residency status, even the great Shannon Liz Riordin got her hat handed too her in GA and with the recent rulings in California for Jani-King, well lets just say it is really going to be an uphill battle for Overhauser/Jack. Biggest Mistake that I heard he made was demanding a Jury Trial.
Now, let's talk about the Commercial Cleaning Franchise Business for awhile, as I think this is very important.....While I truly believe in modest reforms are needed in this industry, you cannot deny its success..In fact you need to look no further than the BSCAI Membership roles to see that some of the biggest players in the commercial cleaning industry are Franchising Companies....Jani-King, Jan-Pro, Coverall, Vanguard, Office Pride and the list goes on, you've even got a group of "split personality companies" such as OpenWorks, Marsden, Varsity, Environmental Control that were/used to be strictly speaking "traditonal only" companies now seeing the light at the end of a very long tunnel, franchising. Then you've got these Management Companies such as City Wide that are franchising/sub-contracting models.
Now you say, if EVERYTHING ever posted about these types of companies are so BAD, How do they continue to grow? Answer is they provide high range of quality services, owner-operator based cleaners are the best in the business when compared to part-time, don't give a hoot, walk out the door in a New York Minute (shout out to all my friends in New York, my heart is with you, my money is with the Red Cross and Salvation Army and you!) inconsistent, call in with a hang nail cleaner!
Now, stay tuned as their will be more later, including a wierd text about someone that I will simply reveal as OG for now. Surprised to hear that she was in the Peanut Gallery at the recent hearing, boy, is she an albatross for the Plaintiffs!
Viewers: Ok, enough already with the texts and emails, I will never reveal other than Overhauser/Jack who someone is really, but I will share the story for the viewers.....OG is a former "franchise owner", but here's the problem for the Plaintiffs and their attorneys...OG didn't actually purchase a package/book of business with her franchise rights, you see, her brother (OG as well, go figure) sold her one of his accounts and then paid for the training/transfer fee for that account to go under her name! So that really blows the Plaintiffs out of the water on multiple fronts:
a) The argument that these accounts aren't controlled by the owner-operators, as long as an owner-operator is in good standing, he/she can transfer accounts that they are in good standing on, to a third party and whatever arrangement financially that they make with that third party is directly their business and not ours to know. Now, the third party must go through training, must become certified and must agree to adhere to Policy and Procedures, but in this case, NO MONEY ever came into Stratus/Shamrock from the third party. If a witness for anyone, it certainly wouldn't be the Plaintiffs.
b) That Stratus/Shamrock operated so poorly and treated people so poorly, that OG's brother, actually brought her in, sold her in affect part of his business, paid for her training and paid for the account transfer over to her name.
c) That Stratus/Shamrock got their owner-operators by deceptive practices in marketing and supposed lies. She is another perfect example of existing owner-operators bringing in family members to have the opportunity to own/grow/handle their own cleaning business.
Overhauser is awake now, so this goes out to him, I heard that you revealed your entire strategy about this case yesterday. All on that "flawed document", interesting, you know the problem with a "flawed document"? It's flawed and it cuts both ways.
Viewers: Sorry, another question came in via the phone from someone that is closely linked to this travisty of a lawsuit. Question? How could Overhauser/Jack make such outlandish statements about the fact that Stratus/Shamrock forbid its owner-operators from working for other companies, working for themselves, having you guys help us with bids/opportunities etc....?
Well, you need to understand that when a lawsuit is "cut/pasted" such as this one was from two other lawsuits (one from California Plaintiffs et al vs. Goldeneye and Riveria et al vs. Simpatico) then you simply assume facts that simply aren't in evidence, or in this case, simply untrue.
As you read earlier postings, I simply refuse to disclose the actual names for a variety of reasons, however, initials or "handles" are just fine....Here is just a few examples of owner-operators (existing) and even some named Plaintiffs that had/have relationships outside of Stratus/Shamrock and no one has been, no one will be, no one could be sued for doing this, especially since we not only knew about it, but in several of these cases assisted with them via bid production, walk-thru time, sales/estimation meetings etc....
Existing Owner-Operators that have relationships with other companies, business on their own with our full knowledge and without any payment being rendered to Shamrock/Stratus:
JM
GM
TC
DV
DP
FG
FM
PF
PR
LS
OG (not that one, but the other one)
Now I could actually add an additional 6 or so, but you get the point.
How about the Plaintiffs? Were there any of them that had cleaning service relationships with other companies or accounts on their own? Yes, the following Plaintiffs had/have relationships with other companies and/or on their own.
Eni-Cruz Rodriquez, sub-contractor relationship with CBSG
Faustina Negrote, owner-operator relationship with Jani-King
Lorenzo Rodriquez, owner-operator relationship with Jani-King
So, I guess the old saying is, when people make false statements, what does that do as far as credibility with nearly everything else that they are saying?
Viewers: Though I knew that Overhauser/Jack were viewing this site and were the one's that originally posted the lawsuit through the admin., I have it from a good source that they are skeptical about the owner-operators that I have listed and how much I actually know....So, if this gets them to come to "Jesus" sooner vs. later, and I know that as I am destroying their delicate and mis-points of this case one by one, I still will not reveal their names, but let me go ahead and give them enough information so they can confirm/deny.
JM- Has own company, has relationship with Jani-King
GM- Has own company, has relationship with Jani-King
TC- Has his own company, has maid service with his wife
DV- Has his own company, has relationship with Jan-Pro
DP- Has his own company, has relationship with Cleannet
FG- Has his own company, has sub-contractor relationship with numerous companies including USM, Capital Contractors and others.
FM- Has his own company, actually two additional companies
PF- Has his own company, has relationship with Jani-King
PR- Has his own company, has relationship with ABM
LS- Has his own company, has relationship with Jan-Pro and Office Pride
OG- Has his own company, has relationship with ABM
Now, the problem with "lies be told, anonymous Indy/Rex, Bob, Merle" is simply he knows nothing, the crap he has given Overhauser/Jack is exactly that, crap.
Now, they should do the right thing here, but of course, why would I expect that? So, I guess over the coming days, there will have to be more things brought to light.
All for now........
Wow, I just got an update of everyone's activities for the p.m. from "BRO"...To all of our viewers, please read the earlier posts in regards to "BRO" and the others.
Overhauser: After putting on a clean/new (hopefully) pair of Depends, he decided to hit the Montana Mike's Early Bird Special, unfortunately, he got there at 3:30p.m. for Supper and the Early Bird doesn't start till 4p.m.
Jack: After be chastized by Overhauser for getting him into this mess in the first place, she called her "partner" for a wild night on the town, They are planning on dancing the night away at Merle's place.
Merle: After being told by his "woman" that he needs to cook, clean, do laundry, mow the yard, rake the leaves and wash her car by noon, he is taking a quick "hit" and taking a shower for tonights big event with Jack and "partner".
So, I got the viewers going in different directions, I had a text asking me for more "history" about the Coverall Case that I talked about earlier as well as the Georgia Case. Instead of me doing all of the work for you, just look up the following:
Jan-Pro International vs. Depianti
Juarez vs. Jani-King
Virginia Attorney General Opinion- S.B. 34, 2010
Massachusetts House Bill- H.B. 3513
Now this should be all until TOM. But I have a feeling there maybe some "late breaking news". Well for anyone else except Overhauser as anything after 9p.m. is the next day!