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Report: #415712

Complaint Review: Kirby Vacuum Distributor #7418 - J & R Enterprises - John Boor - Nichole Price - Robert Jenkins - Akron Ohio

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  • Reported By: Barberton Ohio
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  • Kirby Vacuum Distributor #7418 - J & R Enterprises - John Boor - Nichole Price - Robert Jenkins 2270 Romig Road Suite L Akron, Ohio U.S.A.

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My son is 19 years old and was recently layed off from a local manufacturing plant. He has been feverishly looking for a job for the last 3 weeks so we can pay rent and not end up homeless. What follows is the story of how he was "tricked" into working for a Kirby distributor for no pay. Thanks alot to all the folks who posted on ripoffreport.com or, (judging by the comments I read), it could have been much worse.

My son and 2 of his friends responded to the following advertisement in a reputable local newspaper (Akron Beacon Journal):

"International firm expanding into Akron. Looking for self motivated, high energy people. No experience necessary. Weekly guarantee of $525.00 minimum plus bonuses and vacations. Call for interview."

After calling the number, all 3 of them were asked to come in for interviews the same day and during the interviews were guaranteed by the office manager that they would be paid $2150 a month to demonstrate (NOT SELL)Kirby vacuum cleaners. They were required to report for training the following day. The second day of training my son came home with a blank sales lead sheet and said that if he could do 10 vacuum demonstrations over the upcoming weekend to family/friends and get them all listed on the lead sheet before the last day of training, then he would be paid a $100 bonus on the Monday following the demonstrations.

When he returned on the final day of training, they collected and copied the full sales lead sheets and then informed him that he would not receive the $100 bonus on the date promised but would have to wait an additional week to get it. They also informed him that the time he spent in training was unpaid time as well. He was told that the demonstrations he performed over the weekend were for training purposes only, but after the first demonstration the office manager tried to high pressure the homeowner into buying the vacuum, therefore they were indeed sales leads and not simply for training (they were also personal friends of ours like everyone else on the lead sheet).

During the last day of training the office manager had them sign a contract entitled "Kirby Independent Dealer Agreement". None of them really understood the contract but they signed anyway along with 3 other documents which included all the information about the pay/bonuses they were to receive. They received a copy of the contract but when they asked for copies of the other documents they were told that the copier was broken. I contacted the office manager directly asking for copies of everything my son had signed but she said it would take time to get the copies because they didn't have a copying machine (Does this sound like an international company expanding... they can't afford a copier?) The Dealer agreement contract specifically states that my son was NOT an employee of the distributor and that he had no authority to bind the distributor in any manner or for any purpose. HEY FOLKS THIS MEANS THEY ARE REQUIRED TO PAY YOU NOTHING!!

I started doing some investigating on Kirby when I found ripoffreport.com and over 200 complaints detailing fraudulent hiring/sales practices perpetuated by Kirby distributors and "employees" that were scammed into working long hours for free. He and his friends then quit immediately. The morale of the story is as follows:
(1) Trust no one, question everything
(2) Never sign anything you don't understand
(3) Never sign anything unless you get a copy
(4) If it's too good to be true, it's NOT
(5) Kirby is a disreputable company, don't do business with them...This never happened to us at Sears

It's really sad that in this screwed up ecomony there are actually vultures out there preying on the hopes and dreams of young men that want no more than a job and a decent days pay. I contacted the Akron detective bureau and was told that they had been operating similar scams in this area for years and the reason they don't get called on it is because most out of work people don't have the money to hire an attorney and sue them in civil court. PLEASE DON"T BUY A KIRBY.

Juli ****
Barberton, Ohio
U.S.A.

Click here to read other Rip Off Reports on Kirby Vacuum

This report was posted on Ripoff Report on 01/24/2009 01:31 PM and is a permanent record located here: https://www.ripoffreport.com/reports/kirby-vacuum-distributor-7418-j-r-enterprises-john-boor-nichole-price-robert-jenkins/akron-ohio-44203/kirby-vacuum-distributor-7418-j-r-enterprises-john-boor-nichole-price-robert-je-415712. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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1Employee/Owner

#11 UPDATE EX-employee responds

What you say it true

AUTHOR: KIRBY - (United States)

POSTED: Tuesday, January 16, 2018

Do not let none of the KIRBY franchisee fool anyone.....

The game is simple (i laugh at the gullible) I hire you, tell you i want this job done.... get you to sign some thing here this is for authoriztion to hold the equipment here you understand that this is a commissioned based job... now the leads, they are the idoits with the stick... i.e donkey stick carrot get the point. anyway now you need to knock on doors to get demos.... the trick, you do demos  not knock downs. the lead do not want to pay the warmers... pretty young girls knocking on doors with pamphlets.

well you just got tricked you knock on doors and setup for demos dont forget to get to the mattress ahahaha gotta test their dirt tolarance... I think that was beat in our head often.... how tolerant are you of dirt.... my best was going in straight for the mattress and ask did you sleep here last night... and say if I show you what you slept on last night give me 15 minutes and you'll be so much healthier. now after running in the summer I live in las VEgas, knocking on doors for a week I actually did good because my name was kirby believe so i can always get a job cufff cufff quick buck to get by. But I tell you any job that says " NO EXPERIENCE GUARNTEE PAY IS SALES. and if sales is not your game then stay away.. I didnt quit i just moved on

It a good company but the host for the location does mislead a bit. you will knock on doors or build a team with a van and thats what i did 2nd day. hahaha $3000 a close for nothing but calling the bank to tell me what i already new A B C loan and close it out tell the noob pack it up and move you to the next sucker. But as I say its a good product granted a bit prices.. DOnt let them trick you into selling to family either.. best tuperware business model... show one demo for many then send them off to pitch your method. and yes I have three...opened a cleaning business with those dang vaccums.... o my bad home decore sanitizer.. i think thats what they are calling it now.

Now I typed this before even reading the whole story because i know lord knows i know...never do sales when your broke. First rule sale. Second is if they not buying they lying

I hope this helps

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#10 UPDATE EX-employee responds

This is not true for all kirby distributors.

AUTHOR: Bill D - ()

POSTED: Friday, January 10, 2014

As a former Kirby dealer, I have to point out that the things mentioned here are not true for every Kirby distributor.   The distributor I worked for told me straight up, its 500 dollars a week, provided you put on 15 demos during that week. They were also very helpful in teaching me the business of sales, and how to be personable. Even though it didn't work out for me as a Kirby salesman, it still bothers me to see distribution centers like the ones mentioned in this report not being truthful to their employees because it makes people think that every Kirby distributor is that way, when it's not true at all.

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#9 UPDATE EX-employee responds

I worked for them.

AUTHOR: Joe Lomba - (United States of America)

POSTED: Saturday, September 03, 2011

The training manager was an ex felon that carried a hand gun.  The owner was very much a manipulator and they never followed through on their promises. I demonstrated their product for 3 months. I had 1 sale.
This was just about the time when "downsizing" (late 80's) was the word and those were the people they liked to target. JR Enterprises was the name of the company. They were located in Worcester MA. Bruce was the owners 1st name.

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#8 General Comment

Contractual Terms

AUTHOR: b.martin - (United States of America)

POSTED: Tuesday, August 09, 2011

If you are signing a legal binding contract you should read carefully and understand the terms and conditions before you sign. You wouldn't buy a house without knowing the contract would you? It's not the distributors fault that your son didn't understand the contract. Wouldn't you agree that if you don't understand you should get clarification first? Let's call it what it is common sense. That's what the American population lacks today. Kirby has been in Business since 1914 and you can't stay in business 97 years by being unethical. Thousands of consumers invest in their products daily not because they can't afford them lol, because they are the best airflow and filtration system on the market today. And on top of that the salesmen make more money than those who clock in for forty hours a week. I will never use anything else but a Kirby. I will never work for another company but Kirby. All American made product, no foreign parts, and no foreign labor. Factory and World headquarters located in Cleveland, Ohio. People like you who don't have the proper information make rash and slandering statements make it hard for others who are trying to provide for their families and loved ones. Been in this business 5 years and not one complaint. Oh by the way I average 1,000 to 1400 a week and my wife and kids are well taken care of. Sorry for the so called bad experience, and they are always looking for reps. So if you want to take advantage some day keep it in mind.

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#7 Consumer Suggestion

discussion of Kirby employent

AUTHOR: mmm - (USA)

POSTED: Thursday, October 29, 2009

I took a couple days of training and decided not to pursue working for the distributor.

I have some tax and business experience and have discovered that their contract withe the dealers is illegal. Both at the state and federal level there is a legal defintion of an employee and an independent contractor. The contract that dealers sign with the distributor is so restrictive that under the law the dealers are defined as employees.

That means that the distributor must withhold federal and state income tax (if your state has income tax. The distributor must also pay their share of medicare and social security tax and federal state unemployment tax.

You should file a complaint with your state department of labor and department of revenue.

If you are classified as an employee the company owes you the minimum wage for the hours you worked or at least 40 hours a week.

If you have filed a tax return as independent contractor you should go the website www.IRS.gov and download form SS-8, fill it in and send it to the IRS.

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#6 UPDATE EX-employee responds

Wow.

AUTHOR: Fry - (USA)

POSTED: Saturday, October 24, 2009

Yeah "Jay". Sounds like you were brainwashed too. How much extra did your lying sack of crap boss pay you to post that? Scamminh employees out of their pay is wrong, not to mention illegal.

 

The kirby is a piece of junk. The only reason why people buy them is because people like YOU lie to get them to buy it. Find a real job. Idiot.

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#5 UPDATE EX-employee responds

There's $$$ In Kirby

AUTHOR: Mr.business - (U.S.A.)

POSTED: Monday, October 19, 2009

My name is Jay and I worked for Kirby out of Lansing Michigan and had much success. When I started my training it was on a Wed and by Thurs had to get names of friends and family to turn in by Friday. They do this so they know that your serious about wanting this position before sending a $2000.00 piece of equipment home with you for the weekend. Over the weekend I had to demonstrate to the friends and family that I had on my lead sheet. During the time of signing the paper work you have to be  understanding of working as an independent contractor. You sign papers stating that you are completely responsible for the equipment that they are releasing to you and that your not an actual employee of kirby but an independent distributor working out of their office. I have been doing alot of marketing and sales positions since moving to the Eaton County Michigan area and all of them pretty much opperate like this. These positions do require you to think outside of the box and venture beyond the comfort zone of a regular 40 hour a week job. Its not easy work and I was leaving home at 8 am and getting home by 10 pm at the latest running 3 to 4 demos a day. Running this many demos a day required me to go out and knock doors in between appointments and collect 10 to 20 leads a day. I worked 6 days a week and was rewarded greatly and lived like a king on Sundays. I received a gold key chain for my third sale by my 2nd week and sold 5 all together making $350 to $440 per sale. But even though I was successful with this, it started putting a strain on my family and ended up moving on to another position that didn't require so many hours. Kirby is an honest and successful business. For anyone who owns a Kirby I know they would never switch back to another home cleaning system due to owning the most superior product on the market today. I bought one myself and it out performs anything I have ever owned. GO KIRBY WE'RE THE BEST YEAH BETTER THAN ALL THE REST ! 

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#4 UPDATE EX-employee responds

Get bent.

AUTHOR: Fry - (USA)

POSTED: Saturday, October 17, 2009

". . perhaps if you got a well-paying job (which would, of course, require you to be educated), married your knocked-up girlfriend instead of simply shacking up with her like an unpaid w***e, then maybe she wouldn't have to be out in the cold trying to sell vacuum cleaners to meth addicts. I mean, that's what men do. They marry their women, legitimize their children and provide for them. But maybe they do it differently in Hillbilly World."

 

Yeah, "John", that was real witty. Dont try to talk like a tough guy. No one is impressed. Do me and the rest of us who aren't complete morons a favor, and go get bent. You seem to know a lot about " Hillbilly World." Sounds to me like you are speaking from experience.

 

Idiot. 

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#3 REBUTTAL Owner of company

not accurate

AUTHOR: John - (U.S.A.)

POSTED: Thursday, July 02, 2009

She mentions you don't have these problems at Sears but Sears has 911 complaints on this web site and Kirby 322.

Unfortunately, like other companies, you have to show up for work before you get paid. Everything about how he was to be paid was in writing. It is all we could do.

Unfortunately she is making comments without factual knowledge. Fortunately for me I didn't read such a report before I started with the company. There are many many people who have been very successful in Kirby. Unfortunately you have to work.

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#2 Consumer Comment

To the poster above me . . .

AUTHOR: House Of The World - (U.S.A.)

POSTED: Tuesday, May 05, 2009

. . . perhaps if you got a well-paying job (which would, of course, require you to be educated), married your knocked-up girlfriend instead of simply shacking up with her like an unpaid w***e, then maybe she wouldn't have to be out in the cold trying to sell vacuum cleaners to meth addicts. I mean, that's what men do. They marry their women, legitimize their children and provide for them. But maybe they do it differently in Hillbilly World.

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#1 Consumer Suggestion

In the same situation.

AUTHOR: Former Employee - (U.S.A.)

POSTED: Sunday, January 25, 2009

My girlfriend went through almost exactly what you described, although it happened with a company in Nebraska called S-5 Promotions. We recently found out she was pregnant, and she wanted to make some extra money to buy some things before the baby gets here. They hired her as a "demonstrator" for about 15 hours a week and told here that she would get paid $400 a week regardless of whether any vacuums were sold or not. I hadn't heard of this particular scam, and I thought it sounded like a lot of pay for not much work. I figured there was a catch, but didn't think that they would completely avoid paying her.

So, I agreed that she should try it. She went through three days of unpaid training which fit in with the hours she described, but they were elusive when she asked about whether training was paid or not. Then her first week started. She ended up having to canvass for them, which involved long (12+ hour) days, out in the cold. I was getting a little irritated that they did this to my pregnant girlfriend, but when she asked about it, they told her that it was just for a week, and that next week she would be doing demos only. They also repeatedly told her that Saturday was payday. So Friday night rolls around and me being home alone and bored I got on the internet and then found ripoffreport.com and got wise to the situation she was in. She called on Saturday morning after working about 70 hours that week and they told her that she wouldn't be paid because she didn't get enough demos that week, even though she was told that it didn't matter because she wasn't technically supposed to be canvassing.

I, being more confrontational than her, was willing to go to their office and make a scene about things, but she didn't want me to go down that road. It is probably a good thing because I would have lost my temper with them. So that is basically where my story ends. I was strongly considering filing a lien on one of their vehicles for the $400, but the way the lien law in Nebraska is worded it would have been shady at best and I don't want to mess up my business by doing something like that.

If you and your son were willing to try to do something, you should start by going to the office and demanding that they provide copies of all signed documents and have them put into writing specifically why he was not paid. If they don't provide this, don't be afraid to contact the police on-the-spot to have them mediate for you. Chances are that they will cut your son a check to avoid the trouble you are causing for them.

It also might not hurt to look into the lien law in Ohio, and possibly small claims court. Just because he signed the document, doesn't give them impunity to do whatever they want.

There are probably documents that would support a legal case against them because they are knowingly misclassifying people as Independent Contractors.

The way these companies work almost certainly establishes an employee/employer relationship. I would love to pursue this with the company that did this to us here in Nebraska, but I can't really do anything about this without her consent. I can imagine that these people have screwed a lot of people and I am just thankful that we don't rely on her having an income.

If you do decide to go after them, please let me know how it turns out.

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