Being Shafted

**BiK3RChiK** · 19th August 2009, 17:53

Just be careful not to shut doors so they never can be opened again...

It's tough times that make a person, so take it on the chin and see what you can do to improve what you do have.. Hope it all works out.

**SixPackBack** · 19th August 2009, 18:15

Originally Posted by Maha

Never a good thing, even for a Honda owner.

Work has not been abundant for a while now, We contract to the one and only shop here in town, and sometimes, to a shop in Wellsford. Last year around May, our employee of about 6 years left for Christchurch with his girlfriend, she had a great job offer in the South Island. They got engaged, purchased a house, then a few months ago, all feel apart. I was told last Friday by the Flooring shop owner that they have employed a Vinyl layer who is starting in September. My reaction? For Fucks sake, really? you dont have enough to keep me going! Yeah and the real kicker is, its Tim, our ex employee. They assured me that they will be using him and me and nobody else, but the reality is, Tim will get the work first then me. So he will doing all the floor prep and vinyl installs plus smaller carpet jobs. So we are in a bit of a spot really, theres a couple of things that I can chase up but its not a good feeling. I know its business but, ya kinda feel a tad slapped.
The shop in Wellsford said they will feed me more work, they are as shocked as I am about what our main work supplier has done.

Questioning 'fair play' is exactly why individuals get upset over dodgy tickets and/or practices. Remember the feeling Mark next time someone comes on KB an whines about ticketing, 'cos what you are experiencing is exactly the same emotion-hopelessness!

**chanceyy** · 19th August 2009, 18:50

Gutting guys, times are tough but good to see your fighting & making those calls ..

I agree out of adversity can come good things ..

sending you positive thoughts &

**ynot slow** · 19th August 2009, 19:01

Mark that sucks big time,I knew a couple of guys who went into laying 50/50,one then set up a nightclub and other bought him out,with proviso he wouldn't set up within 5 yrs in competition as contractor.Worked ok.

Have you thought about a franchise Carpet One as example.Hell not many guys want to lay vinyl lol,most take carpet over vinyl.Wait till he needs help especially school holidays laying 50mts polyfloor.

Hopefully although your correct to be filthy with him,can you say to him you're happy to contract with him on big jobs,especially if you can say at $xyz per meter.A couple of major stuff ups and he's gone,pretty hard to stay calm and bite your tongue though.

Just told today I was second choice in flooring store for sales which really pissed me off,hopefully I can find who or where this person worked and take that job lol.

**Laava** · 19th August 2009, 21:56

Originally Posted by klingon

Yep. I don't mean to sound all "Pollyanna" but I have found there are times in my life when something like this has been the thing that has pushed me just that little bit harder and I have ended up benefitting as a result.

If you can turn all that pent-up negative energy into something positive (and I think you are exactly the kind of people who do that anyway) then you will come out better off in the long run.

Meanwhile, chins up! And you know we will all be out there looking for opportunities to send your way!

Agree! Sorry to hear about your situation guys and hope you sort it soonish but I also have been in similar situations and looked back on them to see it can be for the best. Hope you have this experience too! Anyway I am sure you have already thought of this, innit?

**DIN PELENDA** · 19th August 2009, 21:58

Originally Posted by Maha

I think Mom does but hes 6'5''......

I get that done for you man, I make Tim Tam's out of him

just PM me .

**BMWST?** · 19th August 2009, 22:32

Originally Posted by Maha

We have made contact with a another shop about an hour form here (put the jug on MDU) I have yet to hear to full story (Annes on the phone) but form what little I do know, its sounds pretty good. Doing Measures and Quotes, how ever many days I want. So it would be good to get into that and do what ever work there is to do from the Wellsford shop and tell the local shop to, well, bye bye really.

dont burn your bridges yet....although all may seem gloomy it hasnt actually happened yet.The shop prolly needs an employee,and a contractor....But make the most of the new opportunity.Best of luck!

**p.dath** · 19th August 2009, 22:44

Originally Posted by boomer

Why do u keep quoting this crap.. SHUT THE FOOK UP... its bollox !

Having run several companies I have quite a bit of commercial experience, and the IRD 80% income test from one source for contractors is widely known.

**p.dath** · 19th August 2009, 22:46

Originally Posted by cs363

I'm guessing you didn't have a restraint of trade clause in your employees contract then? Something to think about if you ever go down the track of employing someone again, especially if you are in a 'small world' industry....

It was 6 months, which is a pretty reasonable period of time.

Contracts that include a restraint of trade for a persons primary trade and source of income have frequently been overturned by employment court. So you can't really use them anymore.

**cs363** · 20th August 2009, 06:53

Originally Posted by p.dath

It was 6 months, which is a pretty reasonable period of time.

Contracts that include a restraint of trade for a persons primary trade and source of income have frequently been overturned by employment court. So you can't really use them anymore.

I hear what you're saying re: being overturned and agree in part, however the clause is still useful especially if limited to the area where the employer is located and it's surrounds.
If nothing else it gives the employee pause for thought before doing something similar to this and is another hurdle that has to be overcome prior to setting up in opposition to their former employer. In this instance it might have encouraged Maha's former employee to contact him regarding work and/or discussion of the situation.

Why make it easy for someone to shaft you, that's more the point?

**p.dath** · 20th August 2009, 08:30

Originally Posted by p.dath

Having run several companies I have quite a bit of commercial experience, and the IRD 80% income test from one source for contractors is widely known.

Based on the amount of red rep I have gotten on this one several of you don't believe me on the 80% rule. Here is a reference for you. If you use Google you will find many more references. This is a well established rule.

http://www.crackerjacks.co.nz/resour...eorcontractor/

"However if a majority of the contractor services provided is to one business then the income attribution rules may apply. In general terms the income attribution rules state that if 80% or more of your income is derived from one source, then the income is required to be taxed in the individual’s name. This may negate some of the benefits of conducting the contractor business in a company."

**portokiwi** · 20th August 2009, 08:41

Keep your chin up mate,
Gabby and I are thinking of you guys.
As many of the others have said...Dont burn any bridges Your Rep is good so that should be good. lol saying that in this dog eat dog world its more who you know as I have found out down here.

**boomer** · 20th August 2009, 08:41

Originally Posted by p.dath

Based on the amount of red rep I have gotten on this one several of you don't believe me on the 80% rule. Here is a reference for you. If you use Google you will find many more references. This is a well established rule.

http://www.crackerjacks.co.nz/resour...eorcontractor/

"However if a majority of the contractor services provided is to one business then the income attribution rules may apply. In general terms the income attribution rules state that if 80% or more of your income is derived from one source, then the income is required to be taxed in the individual’s name. This may negate some of the benefits of conducting the contractor business in a company."

That's because, many of us are self employed. Having discussed the finer legalities with our accountants.

and i hadn't red repped you but thanks for reminding me...!

**Okey Dokey** · 20th August 2009, 08:44

Sorry to hear of how your former employee treated you. I can see why treason was a hanging offense! Not nice at all.

I think you are both coping with the whole situation really well. It sounds like you are looking forward, not backwards, which is great. People like yourselves make your own luck and take charge of your own lives, so I know you will come through in the end.

**Pixie** · 20th August 2009, 09:41

Originally Posted by Mom

I have asked Mark to stop me from ringing this person, I have a few things I want to share with him really. They can keeep till I can face him personally and look him in the navel (perhaps I will find a box to stand on so I can do it eye to eye). I actually enjoyed facing the shop down this morning, I seem to have the ability to be really cold, calm and fairly deadly when I am in the kind of mood I am in at the moment. No raised voices, but I was not interested in platitudes either, as I explained the time for bullshit has passed, all i canre about is the future of my business, not hearing about how stressful her life was. I had the owner in tears and shaking

He will keep mate, small town, small industry. We are not the type to roll over with out a friggen big fight

Aaah,the cosy warmth of burning bridges