A Little off Topic

Rich Kontny_3

Asking for advice for a very different kind of problem. As some of you may remember I tried to put the tools down last October and took a position with a wholesaler. I won't mention any names at this time as a general rule because this is leading up to a legal case.

The wholesaler is family owned and was a class place to work and I learned the wholesale side of things. Many of us don't realize how hard sellng is and how small of margins they work with. My job was industrial/mechanical sales and targeted to rekindle old accounts that once did a great deal of volume with this wholesaler. Also I did cold calls and tried to bring in new accounts.

Everything went according to plan except the fact that the economy was heading south even last October. While I did do a great gross number for the entry level period (1/2 year) the company overall (as with almost all wholesalers) took a severe year end beating. It was obvious to me by about February of this year that I would be targeted for lay off. Last hired first laid off type of move. This did not bother me as these people were not at fault, they offered to bring me back if things got better I burned no bridges.

In fact the owner felt bad enough that he gave me a week of his time to network and look for work.

While doing sales calls there I called on an up and coming (so it seemed) WBE(woman business enterprise) and MBE (minority owned enterprise) that had asked if I knew any mechanical estimators/ master plumbers. I of course knew that they were looking for someone so I dropped my resume there. After a two week period in March (where I went to Texas to visit relatives and look for work) I received an offer from the above WBE,MBE firm and negotiated a per/hour rate for becoming their master plumber/estimator and eventual plumbing dept head.

Once again I settled in and started estimating in a tight job market where this owner wanted cost plus 27%. 10% o h and preferably 17% profit margin.I put out at least 20 sizable quotes within these parameters and we simply were getting blown out of the water. Jobs were and are going for cost and even less than cost in today's bid and spec world.

Well after about four months of putting in at least 115%
effort I started to notice some suspected collusion and bid rigging by the HVAC/Dept head who happened to be my supervisor. This and using second year apprentices as project foreman caused me to notify the owner that these were dangerous business practices. In a closed door meeting I tried to educate them about the chances they were taking and also about there (let's say) questionable business practices. Their response was to say we have to look out for us and do what we have to do to compete.

To make a long story short I was let go for being honest,ethical and I am guessing a threat to this firm as a potential whistleblower.

After parting ways I filed for unemployment and looked once again for another job. On my UC initial form I put down that I was released because they felt I was a potential whistleblower.I received my first three weeks of UC and then they denied the last free by trumping up false accusations.

Finally in a couple of weeks I will be going to a state hearing where I will have to prove their lies and expose them as being dishonest.

I will keep you posted about the results as this unfolds.
I have to bring in witneses etc. and face the legal system

All while trying to make an honest living in our industry.

Have to go to a wedding (to be continue)

hvacfreak

that post is as clear as...

...the sight glass on my boiler , lol.

Man , I was up to 9 paragraphs in my response and I just back spaced it all.

I think I'll just brew a pot of stfu now.

Rich Kontny_3

Editing due to spouse pressure.

Ok,
Saturday when I tried to write this thread my wife (who I love dearly) was literally nagging over my shoulder to hurry up ! How much can a plumb/heat guy hurry when he types about 7-8 words a minute with 25% errors?

Anyway the grapevine must of got a hold of the witnesses and facts I was uncovering. I received the hearing date Saturday (as did the mechanical contractor, I presume)Today after doing a restaurant retrofit last nite, I thought I had better start the subpoena process and witness thing. In Wisconsin we have to notify the State when we want to subpoena witnesses and they do it at a cost to the losing party. I told the nice young lady that I was going to get at least 3-4 witnesses.

She said are you kidding, we rarely even have one! From there she had to talk to the judicator. She came back on and said she would get back with me because this would require perhaps a 3-4 hour hearing. She also mentioned that the burden of proof is on the employer! This made my day as I know they were in the wrong big time!

Next I have a right to get copies of all my time cards(which I also make copies of anyway) in this case to make sure they did not alter them! I called this employer and low and behold their time keeper said she would send copies but they were going to not attend the hearing now as it is not in their best interests.

I still need to go and then it is ruled in my favor. I also will go armed with all my facts as this may be a ploy. However, I am 99.9 % sure that this particular contractor has decided that they were about to expose themselves to major legal scrutiny that potentialy would have resulted in them being investigated, charged and most likely blown out of business along with the possibility of time at the crow bar inn!

The moral of the story is to number one: Be Honest

number two: Keep a journal

Accurate notes everyday to refer back to sine the not so honest (or plain dishonest) people are out there!

number three: Don't be intimidated as they will use that against you!

number four: If you are right don't give up or cave in!


Another chapter in the life of one with almost 40 years now in the pipe wars. This battle I believe I won with little resistance. With the current economic crisis I guess we all will be fighting the pipe wars for a while
longer!

I heard retirement age now will be the day after we join the "Dead Men" (faithfully departed)

Take care guys its hell out here! My father used to say that "all is fair in love and war" I am going to tell my kids and grandchildren that "all is fair in love,war and contracting!"

Hug not only your kids (as Dan says) but everyone! Lately we could all use at least one!

Rich

P.S. For those who don't know me you have to understand that I have been into contracting for over 40 years. About 24 in management and the other 16 working for others. I have seen unfair and questionable practices on both sides (labor and management) I would hope that with the current fiasco that we all are currently going through some how we will return to honesty,sound ethics and truly fair play!

Paul Fredricks_9

In my experiences it seems that the state usually sides with the employee. My wife caught an alarm guy, who was working on our system, stealing skis from our basement. Of course he was fired. The employer challenged unemployment, but they still had to pay it. Why I don't know.

If that guy could win, you'll have no problem. If they don't show up, you may be best to say as little as possible.

Rich Kontny_3

Paul

You are absolutely right and I don't want anyone to think that was the case here. I really wanted this position to work as it fit my expertise and current age (physical) condition.

The horror stories I have heard from fellow contractors are enough to make any contractor angry. I truly did not want this kind of issue to deal with. I offered her an option to give me at least two weeks severance pay and I would be on my way.

Instead she shorted me on my last check by about $300.00 and drew a line in the sand! She is truly in over her head in the high end state and federal work that she is doing! I was trying to point out the pitfalls yet she ignored them!

It is unbelievable in the WBE, MBE and other targeted work (within contracts) that is simply paper shufflers or fronts with no mechanical ability what so ever!

This lady to her credit did know the sheet metal HVAC part well but should stay away from the wet end of our industry.

I think it is the "The Serenity Prayer" that she should learn and practice. (at least I think that is the one, lot's on my plate lately!)

Thanks

Rich

Rich Kontny_3

Update

After e-mailing the owner yesterday and saying I only wanted the money owed me and an apology from the dept head she: told me not to contact her or any of her employees only her attorney! The guilt factor grows and she knows her tactics have failed and further moves by her may further jeopardize her position!

What it amounts to is now she fears me going further with this (State and Federal prosecutors) I truly have no real intention of doing this a I still want her to succeed.
Her only fault is her total reliance on a very ethically challenged second in charge. If she does not correct this she will face this same problem. I am not Einstein I am just a well travelled and experienced mechanical contractor who has been around many blocks!

Thanks for your input Paul (it is always well taken)

Have a good one pray for election sanity!

Mitch_4

Love your comment

"This battle I believe I won with little resistance. "

You had little resistance because you, as an experienced wet head, knew and had the right size pipe!!!

Honesty and integrity.

Congratulations Rich.

Your moral (if younger brother)

Tekkie

Being whistleblower

Rich, I understand where you coming from. I will not moralize but why NOT report this person? This kind of misdeed extends to all of us in taxes, etc. Now are the actions of these people really illegal or (just) immoral (in *your* eyes)? They can be quite different!

IF you are prepared to take abuse, possible black listing, etc then you can move forward.

Long and hard thoughts but you are the only one to make the decision.