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Report: #413292

Complaint Review: S-Five Promotions; S-5 Promotions; S5 Promotions; Brad Scellin; Kirby Of Kearney; T1 Promotions - Kearney Nebraska

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  • Reported By: Kearney Nebraska
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  • S-Five Promotions; S-5 Promotions; S5 Promotions; Brad Scellin; Kirby Of Kearney; T1 Promotions 2424 W. 24th St. Kearney, Nebraska U.S.A.

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This company has multiple ads throughout the Mid-Nebraska area. They supposedly guarantee a starting salary of $400 per week. They will consistently lie and misinform the potential employee of what they are actually doing and what the actual pay is.

This is Kirby Vacuum sales in the Central Nebraska area.

They abuse the classification of Independent Contractor as it is defined in the Nebraska Wage Payment and Collection Act (Neb. Rev. Stat. 48-1228 to 48-1232). They do this so that they can take advantage of people by having them work long hours on daily basis and then refuse to pay them for any work completed.

Potential employees are hired as "Demonstrators", and told that they will not be required to go door-to-door to contact potential customers. As the unpaid training progresses, this idea is reinforced multiple times. When the work actually begins, the "Demonstrators" are told that they need to do canvassing for a while, but that "next week", all they will be doing is demonstrating from pre-set appointments.

After one week of 10 to 12 hour days, and being told multiple times that payday is on Saturday, the company will refuse to pay people by stating that they did not meet their goal of 16 appointments. If there is any discussion of why the employee is not being paid, S-5 simply states that the person is not an employee of S-5, but a Independent Contractor, and therefore they are not entitled to any compensation from S-5.

The "Independent Contractors" are told when, where, and who they work with, and are transported to the place of work by S-5 and are also using a product that is owned by S-5 to do their work. In my opinion, this establishes an Employee/Employer relationship and not an Independent Contractor/Owner relationship.

An employee is defined in the Nebraska Wage Payment and Collection Act sec. 48-1229. Terms, as:

(2) Employee means any individual permitted to work by an employer pursuant to an employment relationship or who has contracted to sell the goods or services of an employer and to be compensated by commission. Services performed by an individual for an employer shall be deemed to be employment, unless it is shown that (a) such individual has been and will continue to be free from control or direction over the performance of such services, both under his or her contract of serviceservice and in fact, (b) such service is either outside the usual course of business for which such service is performed or such service is performed outside of all the places of business of the enterprise for which such service is performed, and (c) such individual is customarily engaged in an independently established trade, occupation, profession, or business.

I believe that they are illegally misinterpreting part (b) of this section to take advantage of their employees.

This company also refused to offer copies of signed documents, and refused to put into writing their standard payment policies.

I would avoid this company at all costs. They will take what they can get and leave you with nothing.

Former employee
Kearney, Nebraska
U.S.A.

This report was posted on Ripoff Report on 01/17/2009 01:29 PM and is a permanent record located here: https://www.ripoffreport.com/reports/s-five-promotions-s-5-promotions-s5-promotions-brad-scellin-kirby-of-kearney-t1-promotions/kearney-nebraska-68847/s-five-promotions-s-5-promotions-s5-promotions-brad-scellin-kirby-of-kearney-t1-promo-413292. 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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REBUTTALS & REPLIES:
0Author
12Consumer
0Employee/Owner

#12 Consumer Comment

S-FIVE has many unethical business practices...

AUTHOR: anonymous - (United States of America)

POSTED: Monday, July 16, 2012

I found this argument on line while looking for a website for S-Five Promotions and had to comment..

About 8 years ago I had a knock on my door that was someone asking if they could give me a demonstration of a product, I was told no pressure to buy AND would get a free carpet cleaning.  This was 2 days after I returned from the hospital with a new baby, so I thought sure, clean my carpet.  He chose the smallest rug in my house in a room no one uses. Of course he pressured me, but I have a sister with a kirby and thought I might want one.  During his spiel I called my sister and she said the price they ask is ridiculous and the price she ended up paying.

After demo, I said I wanted one, but he went on and on, showing me what it can do, even though I kept saying I already knew.  He even asked if he could smoke in my house (yeah, with a brand new baby in it).  After about 3 hours I finally had him talked down to a price I was comfortable with and bought it.

Then last summer, a knock at the door, same crap, different people.  I told the girl I already had one and it wasn't working properly for what I paid.  She asked if she could shampoo a carpet to count towards her demonstrations, I said yes but I get to choose which one.  She started and I went about my business (I work from home).  I could tell she had no idea how to use it, so I showed her, as it was close enough to mine.  Basically I had to help the poor girl every 2 minutes, so basically I cleaned the carpet instead of working during my scheduled time to do so.

Her "boss"returned and I explained the deal with my original vacuum not working very well after only 7 years.  After many back and forth phone calls to his manager he says that if I buy the new one at half cost of my original, they would take my original, fix it, and give it back to me.  I would like 2, 1 for main floor and 1 for upstairs, so I agreed.  They said they would call me when it was done.

Four months later I hadn't heard anything back so I contacted the company.  I was told someone must have copied down the wrong phone number and that is why they had not called, but it was done and in Grand Island.  I never have been able to find the phone number in Grand Island anywhere, that is how I came across this site.

In regards to the employees complaint, I do have a friend that went through the EXACT SAME THING when he decided to work for S-Five Promotions.  He asked if he could do a demonstration for me, as after going through training he still had no clue how to use the kirby, so I said yes and that I would hopefully buy my 2nd from him, as he is a close friend.  He quit before the demonstration, citing the same reasons the other employee did, coincidence?  I think not.

By the way Heather, if you represent a business, the correct spelling is "riddance." Yeah, this sounds like a company to stay away from, employment-wise AND business-wise.

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#11 Consumer Suggestion

The problem isn't S-5

AUTHOR: Wake up and stop being stupid - (United States of America)

POSTED: Sunday, February 06, 2011

Kirby is kirby.  The opportunity is real for those that understand it.

  The real problem is the location of the office, Kearney Nebraska.  Kearney is one of the worse, if not the worse suck hole on the planet.  The town is full of idiots, the town smells, and is of poor rapport. 

Its not the end of the world but you can see the end of the world from there.  I question the original complaint, the company and any other company in Kearney to have  a serious brain check and or move from this dismal, and shitty place. 

Believe me Heather, simply move from this Donkey-a*s of a place and your outlook will be much better.  I promise.

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#10 UPDATE EX-employee responds

find some one else to pick on!

AUTHOR: randywoodjr - (United States of America)

POSTED: Wednesday, March 03, 2010

I am a ex employee of S-5 Promotions and I worked there for a long long long time and i can tell you that Brad Is one of the most honest people Ive ever met!


We have even been in arguments ive quit my job and he still paid me every penny he owed me. he loans people money and dosent even get it back some times. Ive seen everything that gose on in that company and theres NOTHING thats not leagle about it. Just becouse you people couldent hack the job dosent mean that its not a good one.


I have made more money there in a week than most of you ever have in a month. the only thing that stops me is the hours but if i was single you better bet your butt id be there.


no were els can you find a better job boss or pay!!!!!!!!!!! not to mention the PAID vacations!


It truly makes me SICK every time i hear somone run there mouth about the BEST company in Kearney Nebraska!


 


SO SHUT UP!!!!!!!!!


Randy Wood Jr


 

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#9 General Comment

HELP!

AUTHOR: Victoria69 - (United States of America)

POSTED: Wednesday, February 24, 2010

I was recently hired at the S Five Promotions Company and i have heard these rumors and I am not one for hearing something and right away believing it. I am a young woman who is just trying to get a good job to provide for me and my Fiance' and i would just really like an honest answer. Is it really a scam??? As a human being i would like to think that you guys would have the respect to tell me the truth the first time. Please just help me in my job search and tell me if i take the job or if i keep on looking cause i need a good paying job to go on with my life, engagement and adventure with my fiance!!

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#8 Consumer Comment

Tax consequences of this type of Arrangement

AUTHOR: sandikoff - (United States of America)

POSTED: Wednesday, December 16, 2009

There is definitely a misrepresentation of the Independent contractor status involved here.  The IRS is VERY clear as to who is or isn't an independent contractor.  The former comments are correct as to who or what is an Independent contractor.

The misclassification is a common ploy used to evade paying payroll taxes.. social security medicare and Futa.  Nor are workmens compensation taxes being paid, leaving an employee in the lurch in the event of an accident.

And Its a safe bet this company is issuing a 1099 and using all the write offs a TRUE independent contractor would use ,things such as fuel and mileage.  The sap who receives 1099 has no recourse but to be on the hook for all the Self Employment taxes due on 1099 employment, as well as additional income tax.

The defense and name calling from Heather does not show any TRUE INTELLIGENCE or PROFESSIONALISM at all

FEDERAL TAX PROFESSIONAL

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#7 Consumer Comment

Heather, both you and your company are frauds.

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

POSTED: Tuesday, May 05, 2009

Heather, you need to get real. The company you work for is not only breaking Nebraska law but is also flagrantly doing so with little regard for employees and customers. You're a part of perpetrating this fraud too, sweetie. And you're ugly.

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#6 UPDATE Employee

BYYYYYEEEEEEEEEEEEEEEEEEEEEEEEEEEEE

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

POSTED: Monday, February 16, 2009

"Neither you or your sister knew your a** from a hole in the ground when we were in high school together, and I doubt much has changed."
.............................

Did you or did you not say this??
I'm Pretty sure you did and I'm pretty sure that's YOU attacking ME while hiding behind a company bashing website. Don't try insulting me while dragging my family who has absolutely no ties to this company into this bullsh** you have created.

A lawyer IS a credible source when looking into the creation of a viable legal document. I don't understand where you get off criticizing that route other than resorting back to your pure ignorant attitude.

I do not wish to respond to anymore of your ridiculous posts, keep looking up words in the thesaurus to make yourself feel smart.

As I stated before, GOOD RIDDENS FREAK!

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#5 Author of original report

Okay...

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

POSTED: Sunday, February 15, 2009

You obviously aren't that educated since you are choosing to resort to personally attacking me instead of formulating an intelligent argument.

Anyway, a LAWYER!!!!, wow, that lends a lot of credibility to your position. Has it crossed your mind that someone who composed a document for the company is most likely going to tell you that it is perfectly legal?

Besides, I said "possibly illegal". I think what S-5 is doing is illegally classifying people as independent contractors. That has nothing to do with the legality of the contract that is presented. The signed document doesn't give S-5 the impunity to do whatever they choose, ie: withholding compensation for work performed.

If you can get past the personal attacks, tell me if S-5 does any of the following:

1 - Provides transportation to where the work is to be performed.
2 - Provides the equipment used to perform the job.
3 - Provides training before work is begun.
4 - Decides who the person is working with.
5 - Dictates what hours the person will be working.
6 - Gives instruction as to how work is to be performed.
7 - Requires 40 hours per week to receive compensation.

I know that S-5 requires this of their workers, that is why I think that a definite Employee/Employer relationship exists as opposed to an
Independent Contractor/Owner relationship.

This is a very gray area in the law, and scumbags like Brad Scellin exploit this to their advantage.

Whatever though, judging from your previous reaction I doubt you'll bother to consider any viewpoint on this other than your own on this.

If you should decide to respond, it would be much appreciated if you would address any of the concerns I have raised, instead of name calling.

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#4 UPDATE Employee

FREAK

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

POSTED: Wednesday, February 11, 2009

I cannot stand people who talk sh** about another person while hiding their identity.

I didn't go to high school with your dumba** so stop playing Mr. Know-it-all. I do not go from job to job and I am an educated woman who clearly knows how to do research. Not that I need to answer to your ignorance but A LAWYER told me that the contracts are legal you moron. Anyone can write lies on this website as well as many others, have fun being a FREAK.

P.S. While you are on your bashing kick just remember that you are the coward who can't reveal your name, although I have a pretty good idea who you are :) See you around, Can't Wait!

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#3 Author of original report

Also for Heather...

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

POSTED: Sunday, February 01, 2009

You begin your second paragraph:

"S-Five does not intentionally misrepresent any information"

How about you do a google search for S-5 Promotions, and tell me what the jobs available are.

Then, I would like to know how many Assembly, Display, Appointment Setters, Customer Service, and Carpet Cleaning people you have working at S-5.

If they aren't misrepresenting any information, they sure are being vague about what the job actually is. I didn't see any advertisements for door-to-door sales of vacuums.

There is only really four positions at your company:

Owner
Secretary
Team Leader
Canvasser

And also, if S-5 isn't a scam, why is it structured exactly like all these other scams?
If it looks like a fish and smells like a fish, it must be a fish.

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#2 Author of original report

For Heather...

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

POSTED: Saturday, January 31, 2009

Neither you or your sister knew your a** from a hole in the ground when we were in high school together, and I doubt much has changed.

As for your contracts being 100% legal, is that your professional opinion as someone who has bounced from job to job, or did Brad tell you that?

Anyway, sooner or later they'll screw you over too.

I would suggest doing a little research on things before flying off the handle.

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#1 UPDATE Employee

Are you Serious?!?

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

POSTED: Thursday, January 29, 2009

This is a farce!
S-Five does guarantee $400 a week and has minimal requirements for this. Of those requirements, 16 appointments does not exist. I personally write the paychecks so I would know. I have written numerous $400 checks to individuals who have not even sold a vac. I have never refused to provide copies of any signed documents, I have nothing to hide so why on earth would I refuse to copy a contract for the "employee" or even "ex-employee"?? The standard payment policies that you mention I refuse to put in writing is a flat out lie. Either you never really worked here or you are just full of crap and trying your hardest to give S-Five a negative profile. There are about 100 sheets sitting on a filing cabinet with every other handout that everyone has full access to at all times of the day. Not to mention the one given during training and the others posted up on the walls.

S-Five does not intentionally misrepresent any information, maybe you misinterpreted it. Better yet, maybe you should have asked someone who knew what was going on instead of making assumptions. At no time would an S-Five representative say that the company does not owe an independent contractor anything due to the fact they were an independent contractor; your statement about this makes no sense. Being contracted with this company basically means you earn your own income based on your sales, not on an hourly basis. Commission is certainly no secret in this business; the $400 guarantee is just a nice additive to supplement your income while you are still learning.

Give me a break with your poor me act. You obviously are a lazy individual who has nothing better to do than sit around and make up lies and post them on the internet to suffice your attitude. Hopefully you find a job that matches your demeanor, I would assume that rests in the hands of a fast food restaurant.

Just so you know, our contracts are 100% legal and your personal opinion doesn't mean squat in a court of law.

GOOD RIDDENS.
Heather

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