| 10/18/2006 11:33 AM |
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Hi Everyone:
As some of you know Claim Adjustment Specialist from Dallas has its attorney send us a letter threatening a lawsuit and restraining order if we followed through on our threat to contact the carriers and the Department of Labor in TX and CT regarding outstanding invoices. According to the attorney (see my rate the employer post)in the past, in fact as recent as three months ago that is what CAS did against other adjusters who made the same threat we were making. Based on the plural use of the word "adjuster" and "order" one can surmise there is more than one adjuster (besides us) not getting paid.
Well last Friday we refused to sign our life away in exchange for our money so we were served with a motion for a restraining order. While looking for counsel in MA we learned that based upon recent changes in the MA employee/independent contractor law we were entitled to file a complaint with the Attorney General office in MA., and we have done so.
The purpose of this message is to share with everyone that if you are owed money by CAS you may want to call the AG of Ma's Fair Labor Division 617-654-0400 or 617-727-3465. It seems the law is very specific and attorney fees is part of what one may be entitled to collect.
Ironic CAS tried to scare us and intimidate me into silence with attorneys and suits but instead they have have done many a great favor by making us aware that we may have rights which perhaps we knew nothing about. It seems even big companies such as Microsoft found out the hard way about the changes in law.
I think we need to look out for ourselves and one another. It is important to know before you go and even after you come back.
Anyone wanting to chat the email is malvi.lennon@sbcglobal.net
Malvi |
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| 10/18/2006 2:31 PM |
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Get'em Malvi.......get'em
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| 10/18/2006 10:46 PM |
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I'm glad that the little guy finally has a way to strike back at the non-paying vendors. I really hate having to use an attorney to collect, but I hate it more when I don't get paid correctly in the first place.
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| 10/22/2006 9:54 AM |
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Well I have completed my research and found out that CAS has been paid for every invoice they owe us. I have the date they were paid, and the check number (and they are still sitting on my money). What really ticks me off is that they were paid for the bulk of the work before this mess even started (I guess it takes all kinds). Anyway we have a hearing in MA this Tuesday at 2:00 PM. Please keep us in your thoughts and prayers.
Malvi
_____________________________
Malvi
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| 10/26/2006 1:12 PM |
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Some of you have asked me the outcome of the hearing last Tuesday, the judge has not yet ruled so we are waiting. Will let you know what happens. Keep praying pleeeeeease.
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Jud G. Advanced Member Posts:509  
| 10/27/2006 11:52 AM |
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Said a prayer for you and that I will never be a part of a company that doesn't pay me for my work. I commend you for your persistence and tenacity.
Because of your experience and many others, I am grateful that I have worked for vendors that paid 100% upfront for the work they approved. I have to say that it was dumb luck on my part, so I can't take credit for always knowing to seek that practice out.
Pls. keep us posted. |
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| 10/31/2006 11:20 AM |
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We got the judges ruling yesterday afternoon..... drum roll!!! CAS request for an injuction in order to stop us from going to the Attorney General and the Department of Labor was DENIED!!. One small victory in our battle for payment, one GIANT win for the "little guy".
Thanks for your support, and your prayers. I will keep you posted.
Malvi |
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| 10/31/2006 11:23 AM |
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I don't understand why they just don't pay you what they owe. What in the heck is their problem?
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| 10/31/2006 11:41 AM |
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They won't pay me because I refused to sign the original 10 page release they sent me. In exchange I proposed a release that afforded mutual protection. Basically I will accepted a lesser amount, and we part ways without the hassel of courts and lawyers. I will not solicit your clients, and I will not pass any information which I may have to anyone in order to help them solicit your clients. CAS was not happy with that. They want that I not adjust claims anywhere for a period of two years. I am not going to agree to any such thing to get paid what I am rightfully owed. By the way their lawyer told us that if we are willing to accept $5000.00 less CAS will not insist in the work issue. Our response?? Take a long walk off a short pier. And that is the skinny...
Malvi
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| 02/19/2007 7:36 PM |
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It's been a while since we've heard an update from Malvi. Any news?
Lee Norwood, aka "CATdawg"
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| 02/20/2007 2:16 PM |
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Update:
We are going through discovery at the present time. My lawyer sent ACS interrogatories along with several requests for production and their answere is due at the end of February, but so far I have not heard anything. The only silver linning is interest is accuring retroactive to the date of filling. I'll post the outcome of discovery as soon as I receive it.
Malvi
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Ray Hall Senior Member Posts:2443
| 02/20/2007 4:26 PM |
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Way to go Malvi........ Their attorney fees should be quite large also. Bet they did not think any adjuster would have the records to prove their case.
The adjusting community should have some standard that we pledge to inforce; like
A file that is not rejected by the vendor/carrier with the reasons why in 15 days after tender will declared excepted by both,joint and several. |
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| 03/10/2007 1:48 AM |
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Yeah way to go Malvi, have you heard any updates?
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| 03/10/2007 10:29 AM |
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Yes! As a matter of fact I spoke with our attorney yesterday. We have received some of the discovery, and I got a real kick out some of their admissions, because I can prove that many answers are "inaccurate"? Still, I would like to get this mess over with; however, I would be lying if I do not admit that the liability adjuster in me loves a good fight (I guess once a litigation manager always a litigation manager). Be that as it may we have indicated to them several times that if they pay me what I am owed, along with my attorney fees I will go away satisfied. Despite that their lawyer does not even have the professional courtesy to return our phone calls. I don't know if their stance is based upon arrogance or incompetence. Then again perhaps I am the idiot in this whole deal, and the saga continues….
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katadjFounding Member  Member Posts:256
| 03/10/2007 12:52 PM |
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He who laughs last, laughs best.
Keep your vocal chords tuned up, because from the information gleaned hereto, you may just put the lo-life egg sucking snakes out of business.
And if your cohorts would have the same approach, the company would be headed south of the border...............................................
"Anyone who has never made a mistake has never tried anything new... Albert Einstein"
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Tom TollModerator & Life Member Senior Member Posts:1865 
| 03/11/2007 2:32 PM |
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Malvi, you certainly are not an idiot for pursuing what is right. If only more adjusters would take your stance, perhaps some of these vendors that are an injustice to society would fade away. I wish you the best and don't give up.
Success is not final, failure is not fatal: it is the courage to continue that counts.
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| 09/27/2007 2:17 PM |
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Hello Everyone:
Here is my latest update.....
Still fighting our legal??and just?? system. Speaking in Clintonian language… It all depends what the meaning of legal and just is. Anyway enough sarcasm for today. Now for the news: I received a letter from my lawyer yesterday and he noticed Steven's deposition for late October. Yes, I plan to attend. At the very least he will have to face me. However of more interest is the link (see below) and all the related articles (thank you Deb). Very interesting. Anyway I am in the process of drafting a letter to Congresswoman Lynn Woolsey Chairwomen of the Committee which held hearings July 2007 regarding the Misclassification of Employees. Perhaps my letter will end in the trash; then again, maybe not. Any independent adjusters interested in co-signing the letter with me please send me an email and I will send you a draft copy. If after reading it you are interested in adding your names please send me an email with your name, address, phone # (will not be released to anyone) saying I have your authorization to add you as a signatory. Folk’s maybe I won't be paid the monies that Claim Adjustment Specialists out of Dallas Texas owes me. Perhaps any vendor that owes you money you won't pay you either. However, one thing is for sure, unless we speak out and try to hit them where it hurts (their pocket) all of us might as well kiss our money goodbye. I don't know if that is acceptable to you, but definitely it is not acceptable to me.
Malvi
PS: Any vendor or carrier which will not hire me because I won’t allow a company to keep for itself that which I earned, is not a vendor or a carrier I want to work for.
http://dimechimes.wordpress.com/200...-employee/
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Jud G.Advanced Member Posts:509
| 10/18/2008 5:00 PM |
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Since you've brought it up, would you mind indicating the reason they used for not paying you? I've been doing claims for them for about six mos., but with significant concern and strong reservations because of this very thread. So far, knock on wood, after several bottles of Tums it's been allright...
These guys have a huge territory and numerous adjusters. I met one of their busiest 1099 adjusters at a conference and he said good things about the company. I also know that they've got quite a few that have been around for almost 10 years. I've been running claims for them for the past six months (lordy, they are tough about their 'signature' photo/report thingy) and it's been steady work. |
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okclarryd Veteran Member Posts:954
| 10/18/2008 6:29 PM |
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He's probably in the Bahama's having some drinks with little umbrellas in them.
Or,.........he's in Houston, Louisville, New York, Indianapolis, Memphis, etc, workin' some wind claims.
Larry D Hardin
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tennadjuster Guest Posts:29
| 10/18/2008 7:11 PM |
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wow, after reading this I will make it a point to keep copies of any and all fee bills that I do as a claims adjuster. That's ridiculous you have to deal with companies' that can't/don't/won't pay their employees the money they owe them.
Contractors/Independents need to be able to have collections agencies available to them to help go after these companies...it's amazing how a Firm or business can hire a Collections Agency to go after the Little Guy when it's the Little Guy that owes a company money, but when the story is different, the Little Guy has to jump through 5 million hoops, hire attorneys, and put their life and bills on hold, until some lengthy judicial process runs its course, and even then the Little Guy may still end up getting screwed over.
I wouldn't take a penny less than what they owe you Malvi, and I wouldn't honor their no compete clause, you have a right to work, they didn't pay, so you shouldn't have to be part of any 2 year no work clause. I better go back and check the Employment Guide for the company I work for, I don't want to find myself in a similar situation.
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