Complaint Review: The Riley McDowell Group - Fairborn Ohio
- The Riley McDowell Group 418 W Main St Fairborn, Ohio United States of America
- Phone: 9378732111
- Web: freecarpetshampoo.com
- Category: Appliances
The Riley McDowell Group The Kirby Company Employment Scam and Consumer Fraud Fairborn, Ohio
*UPDATE EX-employee responds: they will scam you!
*Consumer Comment: Contact the Dept.of Labor and State AG
listed on other sites?
Those sites steal
Ripoff Report's
content.
We can get those
removed for you!
Find out more here.
Ripoff Report
willing to make a
commitment to
customer satisfaction
Click here now..
I answered an ad similar to the attached. At interview I was skeptical about the salary
for a normally commission only position.
I was assured the salary was guaranteed; even without one sale. Shay (the person who interviewed me) said
that as long as we met the minimum number of demos; and continued that if you
show up every day it is not possible to not get in the 12 demos. Further stating that the crew leader in
charge would not get paid if we didnt; all we have to do is show up on time to
receive the salary.
The key to this deception is the description of the demo
that is not learned until later. After
several days of employ a demo is depicted as a full factory demo. Which MUST include the 5 musts. Which is not realistic; I actually sold two
(2) machines in my first week without a full factory demo.
The first week of my
employ I was on time everyday (varying from 9:00-10:00 am and worked all hours
asked of me, not returning till at least 8:30 pm everyday including sat.) (One evening until 11:30 pm)
I was constantly reassured during that week that my
requirements would be met; however my demos did not appear on the daily sales
board. (This is also crucial to my
complaint; the reason they did not put all of my demos on the board is to
maintain their assertion that 1 out of 3 demos ends in a sale. In actuality I performed 9 demos before my
first sale) They picked and chose which
demo to give credit for; and later we were condemned for doing demos in
varmint homes. (A varmint is a consumer that is obviously not a viable buyer,
or one that cannot spend 2500 on a vacuum.) And told we were not getting credit
for varmint demos, and were scolded for wasting our time in those homes.
Another point of contention is the amount of commission paid
versus promised. Basically the agreement
was that I would receive the minimum salary of $450 or the amount of my
commissions if over the base salary. The
commissions would be figured by this simple equation: 50% of any amount over
$1000. Over and over the example was
used : sale price 2489.00 (although the price of the vacuum is clearly
depicted on the box as $1299- which I was instructed to hide from the consumer)
$1489 over $1000 divided by 2 (split with the crew leader) $744.50. So that is the potential commission off a
single sale. More deceitful examples
were offered similar to the following.
Sale amount $1900 = $450 commission.
I would not learn until my next to last day of employ that my commission
on a $1900 sale would be $88. Due to
what they claim as financing costs.
Then they fully explain the effect that financing has on our
commissions; but at no time previously was that mentioned AT ALL. In hindsight the entire scam works as
follows. Per their examples and
verbiage:
Average sale price $1500
80% of vacuums are financed
Actual commission from a vacuum my wife sold for $1400 =
$104 This information was never shared; only after extracted from crew leader
and threat of not returning. This sale
was on what they call A loan (very good credit). Anything less than A would negate the
commission entirely. My first sale was
an A Loan; I am unaware of the final sale price but was told I would receive
nothing. The crew leader somehow talked
the buyer into giving me $50 cash the night of the sale I dont know what really happened, I just
know that they bought it and I received $50 cash that night.
On the form I stated the amount of hours to be 117 and the
amount to be 906.75. I arrived at that
amount according to the following
Wed 12/5/12
- 1 hour orientation
Thur 12/6/12 4 hours training (really more
like 6 but scheduled for 4)
Fri
12/7/12 4 hours training (really more like 6 but scheduled for 4)
Sun 12/9/12
- 5 hours canvassing and
assisting with demos
Mon 12/10/12
- 12 hours canvassing and
demonstrating
Tue 12/11/12 - 12
hours canvassing and demonstrating
Wed 12/12/12
- 15 hours canvassing and
demonstrating
Thur 12/13/12
- 13 hours canvassing and
demonstrating
Fri 12/14/12
- 13 hours canvassing and demonstrating
Sat 12/15/12
- 14 hours canvassing and
demonstrating
Mon 12/17/12
- 12 hours canvassing and
demonstrating
Tue 12/18/12
- 12 hours canvassing and
demonstrating
In a demand letter that I hand delivered to Mr. Pat Riley on
Wednesday the 19th, (also sent certified return receipt on the same
day and signed for on Thursday the 20th) I stated that we (David
& Sherry Thompson) would settle for $1500 dollars if paid on Friday the 21st. (I have included a copy for your review) On Friday afternoon at approximately 12:00 pm
I followed up with a phone call to Mr. Riley.
I simply asked when he answered the phone, can I come pick up a
check? Or do I need to contact the labor
board?. He replied Actually I have
turned this over to my attorney and proceeded to give me a number to
call. I have made several attempts to
contact that attorney and have left messages describing my actions in lieu of
communication with him and or Mr. Riley.
I have since filed a complaint with the BBB, the Secretary
of State, and written to the Kirby Corp.
I also plan to post YouTube videos detailing some of the unethical and
or deceitful manners in which we were instructed to mimic. I have also filed form SS-8 with the IRS
asserting that we were not independent contractors but under their employ.
I have duplicated this document in the complaint filed by my
wife. The only relevant difference is
she did not work on Sunday the 9th.
I want to make it clear we have not received any money from
RMG. Not anything toward the salary
promised or the (3) sales my wife and I made.
(Other than the $50 Tim Sparks gave me the night of my first sale;
directly from the consumers wallet to my hand)
Dave and Sherry Thompson
David Thompson
201 S Central
Fairborn OH 45324
December 19, 2012
Pat Riley
President
Riley McDowell Group
418 W Main St
Fairborn OH 45324
Dear Mr. Riley:
It is with much regret that I am forced to type this
letter .
To avoid the actions specified herein we urge you to
deliver payment of $1500.00 no later than 5:00 PM on Friday 12/21/2012 in the
hands of myself or my wife. At such time
we will be willing to sign a release form (or any such reasonable form that
indicates no further action will be brought by us.) The content of this letter in no way
indicates a complete description of violations or deceptive practices; rather a
brief overview intended to explain the rationale behind our demand.
If you want to discuss special arrangements for payment,
please contact us at (480) 584-8935.
In an effort to resolve this matter expediently, I have
hand delivered a copy of this letter to your place of business; but please
expect a copy sent via USPS: certified return receipt. It is my hope that this matter will be
disposed of prior to you having received the certified copy.
Failure to make payment in full in the time allotted will
result in the following:
1.
Legal representation will be sought
2.
We will pursue action through ODJFS for nonpayment of
wages including overtime
3.
We will file form SS-8 with the IRS to determine contractor/employee
status
4.
We will contact current and former dealers and advise
them of their rights
5.
We will file complaints with the BBB regarding
employment and business practice
6.
We will forward detailed information regarding
employment and business practice to Kirby
7.
We will post detailed information on social media
outlets
8.
We will contact the Ohio Secretary of State, and the
FCC regarding your advertising and business practices
To assist you in your decision
please consult:
http://ohioline.osu.edu/cd-fact/1179.html
http://jfs.ohio.gov/ouc/uctax/comnfaq.stm
http://www.irs.gov/pub/irs-pdf/fss8.pdf
Please be advised that should you decide to ignore this
demand; the amount specified herein will not suffice should further action be
necessary.
Facts in support of demand: (details and pertinence of each line item
will be avail should further action be necessary)
1.
Promise of salary
2.
Bait and switch offer of sign on bonus for merchandise
3.
Required or Mandatory presence
4.
Quantity of hours worked or under the control of RMG or
representative
5.
Deceptive instruction
6.
Deceptive income representations
7.
Instructions offered in support of deceitful business
practices
8.
Ambiguous demo descriptions/requirements
9.
We are not in receipt of any executed documents
regarding our employ
10. Documents
presented for execution were entirely illegible
11. Inability
to work Sunday in an effort to accomplish said salary requirements although
desirous
Sincerely,
David Thompson
Enclosures
Pictures (3)
This report was posted on Ripoff Report on 01/01/2013 01:42 AM and is a permanent record located here: https://www.ripoffreport.com/reports/the-riley-mcdowell-group/fairborn-ohio-45324/the-riley-mcdowell-group-the-kirby-company-employment-scam-and-consumer-fraud-fairborn-oh-989468. 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
If you would like to see more Rip-off Reports on this company/individual, search here:
#2 UPDATE EX-employee responds
they will scam you!
AUTHOR: scryedrulz - (United States of America)
SUBMITTED: Wednesday, January 09, 2013
I worked for these guys when I first moved to the area. For a couple days,I trained for two days and got no pay at all for it. So I quit and never went back.They will not pay up so avoid them at all costs!
#1 Consumer Comment
Contact the Dept.of Labor and State AG
AUTHOR: kcdesert06 - (United States of America)
SUBMITTED: Saturday, January 05, 2013
As a former "employee" of Kirby, I can tell you that what they are doing is AGAINST THE LAW when it comes to their labor practices. You need to contact your state's dept. of labor, and your state attorney general. Between those two entities, you should be able to recover your unpaid wages and hopefully get the kirby scammers out of business and in prison where they belong.
Advertisers above have met our
strict standards for business conduct.