- Report: #627599
Report - Rebuttal - Arbitrate
Complaint Review: Randy Garciga
Randy Garciga309 West Elizabeth Ave. Linden, New Jersey United States of America
Randy Garciga JTG Scaffolding & Hoisting LLC BEWARE! Multiple businesses operator in wrongful death lawsuit violates OSHA safety regs and labor contracts with no conscience whatsoever. Linden, New Jersey
*REBUTTAL Individual responds: Defending my reputation (continued)
*Author of original report: More lies and misdirection from unscrupulous business owner
*REBUTTAL Owner of company: My Response by Randy Garciga...
*Author of original report: Randy Garciga dba Cobra Power, JTG Scaffolding & Hoisting: Operator of business that is an accused party in a wrongful death lawsuit fails to honor contracts and continues to violate OSHA regulations
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This is a rip-off report by a disgruntled former employee. It is being filed due to a breach of contract which the employee claims was negotiated and entered into in bad faith by Garciga.
While employed with JTG Scaffolding and Hoisting LLC in Linden, New Jersey - (to the best of my knowledge a company wholly owned by Randy Garciga; financed by him and Cobra Power Corporation of North Miami, Florida) - I personally observed Garciga refuse to make adequate payrolls three weeks in a row, subjecting employees to either not get their paychecks or not be paid - and then firing them when they complained or objected. According to him, he did it just to punish the administrative staff for not collecting enough revenue to make the payrolls; though by his own admission he had guaranteed these payrolls for at least nine months before I arrived there.
While Garciga himself is a multi-millionaire, he could not have cared less about the employees he put at risk of not being able to pay their rents or even buy food for their (dozens of) children and dependent family members. [continued below]....
Even when JTG employees eventually did collect enough to make the payrolls, they (or he) selectively chose certain employees to not be paid. Other employees who were hired at specific rates were paid less than they were hired for without their knowledge or acceptance of such rate downgrade. He then, after paying some employees holiday pay as they had been getting for years, arbitrarily decided to deduct the pay from succeeding paychecks - again - without their knowledge or willing participation. Finally, after repeatedly delaying or not making payrolls on time, he attempted to reduce wages company-wide/"across the board" of 10% - to which after several employees threatened to quit or file complaints with the NJ Department of Labor, the attempt was withdrawn. To the best of my knowledge at least one employee who was given a paycheck that bounced (or could not be cashed) filed a criminal complaint against Garciga with the Linden Police department - and he was fired.
I also discovered numerous anomolies by office staffers including the shredding of documents (evidentiary); ostensibly to prevent the uncovering of evidence of fraudulent activity with respect to a bankruptcy case - or for other unknown reasons. Unauthorized meetings behind locked doors with subcontractors and suppliers... resulting in "side-deals" for the parties involved? This was business as usual since before I was engaged to put a stop to it - unless there were ulterior motives on the part of owner? My contract called for me to participate in profit sharing; which would not be controllable to any degree with such clandestine meetings taking place without any administrative oversight.
In addition to these strange happenings, there were more bizarre events.
Even though I seriously advised him of the immediate dangers, he over-rode authority granted by contract and refused to authorize the repairs to dangerous structural conditions on the property where employees work and are at risk of a building collapse. During my short tenure there I reported to him that mechanical equipment/tools were missing safety guards, that paint spraying booths with adequate ventilation were either missing or not being used, and that workers were not provided the use of safety gear (goggles, gloves and respirators etc.).
The condition of the yard is an insurance liability nightmare, with trash and debris strewn about haphazardly - literally everywhere. Full dumpsters sat for weeks without being emptied and waste had been stacked around to the point where the dumpster itself was barely visible. The one place where I "overstepped" my authority was to bring in a regular trash dupster for the disposal of organic waste and household trash - which had accumulated over months to the point where rats, other vermin, flies and maggots had created a totally unbearable condition. When it was finally cleaned up, the stench created was overwhelming and the neighborhood for hundreds of feet in every direction smelled like raw sewage for several days.
JTG continues to violate OSHA regulations as a matter of course; allowing dangerous situations to occur or develop on jobsites, as evidenced by the numerous violations from cities across the region - and he ignores or refuses to allow repairs to be made to them for months - or at all.
Regarding the posting of notices regarding OSHA, Workers Compensation, Insurance, Discrimination etc.; you know those posters that EVERY employer is required to post in break rooms at every business and on every jobsite? One of my first demands was that these notices be posted - but I was not allowed to do this for one reason or another. Three days before I was terminated, I printed out every single notice/poster that I could find on the internet and gave them to the office manager to post in the lunch room. The day I was terminated this had still not been done.
As further evidence of intentional illegal activity: I was recently ordered to create a waiver document in an attempt to divert liability to the GC (or building owner) on a project in Newark, NJ so that JTG could install scaffolding on a jobsite too close to power wires - in flagrant violation of OSHA regulations. I refused.
As a person of authority (so specifically stated in my contract) to bring about the changes necessary to make the company more professional, organized and profitable. Upon my arrival at the company, I discovered that he had not told one single person there that I had been hired to take charge of the company. There were already two other people working there that he had made to believe that they were in charge. There was a third person who was fired while I was there who also had been told he was in charge of the company. He refused to lay down the law, and purposefully did not order them to be subject to the authority which has supposedly been vested in me. Consequently there was no one in charge and it was sheer chaos and a nightmarish experience for three solid weeks.
Fortunately I brought in numerous people to see and document what was happening. In addition, I have maintained detailed personal logs as well. There are now at least six witnesses, in addition to the people still working at JTG and Cobra Power, who can confirm every statement made herein.
My personal policy is to never quit once I have made a commitment, so I stayed on with the hope that the situation would rectify or until I was fired. He refused to honor the contract that I entered into in good faith then attempted to change my duties to un-contracted-for activities. He then wrongfully terminated the contract prematurely, while in the process of fulfilling my changed directions and without any consideration whatsoever of the terms thereof.
On the less serious yet still important side: there is also an employee there by the name of David Freeman who refused to stop smoking in company offices even after being warned - without any care or concern for the other employees - and while on-duty he would drink alcohol to the point where he would be drunk and completely belligerent. I filed a complaint against him with the local health department, who responded too late (after I had been terminated).
This owner and his companies betray a complete and utter disregard for any contracts, whether verbal or written, and no compunction whatsoever about violating. His "word" is meaningless, and he commands no loyalty whatsoever as evidenced by the lack of anyone in his entourage that has been there for more than a few months. It is my personal experience that he signs or authorizes the execution of contracts with no intention whatsoever of honoring them. I have personally experienced this as well as have heard him and others in his employ so specifically state without reservation.
My advice to all who read this? STAY AS FAR AWAY FROM RANDY GARCIGA, JTG SCAFFOLDING AND HOISTING LLC AND COBRA POWER CORP as you possibly can. The way things are being run, all appear to be in danger of imminent collapse.
This report was posted on Ripoff Report on 07/30/2010 08:42 AM and is a permanent record located here: http://www.ripoffreport.com/r/Randy-Garciga/Linden-New-Jersey-07036/Randy-Garciga-JTG-Scaffolding-Hoisting-LLC-BEWARE-Multiple-businesses-operator-in-wrong-627599. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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