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Report: #1357076

Complaint Review: Ray junior show -

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  • Reported By: Ginny Chene — El Cajon California USA
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  • Ray junior show USA

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 I went to work for ray junior and a couple times he asked me not to work a few days due to the fact he could not keep up with the meeting I scheduled, well on 02/07/17 ray again told me he needed me not to work for a week or two. well after thinking about it I decided to quit working for ray cause I need a steady paycheck. well this up set ray so when I asked if I could just get paid for the hours I worked he told me cause I broke my contract that he would hold my check til 02/17/17 I said OK. well the 17 came and went with no pay. so I put a post on Twitter and he told me that if I did not take the post down he would never pay me so I pulled the post down. Ray also called my husband and starting throwing a fit then said he would pay me on Monday I will not hold my breath. Ray isv asking radio ads to local business well the problem with that is he is not on the radio so not only is he ripping me off he is ripping business off as well . All I want is for ray junior to pay me for the time that I worked

This report was posted on Ripoff Report on 02/19/2017 05:58 PM and is a permanent record located here: https://www.ripoffreport.com/reports/ray-junior-show/ray-junior-show-orlando-florida-1357076. 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:
4Author
0Consumer
4Employee/Owner

#8 REBUTTAL Owner of company

revisionist history

AUTHOR: AnonymousAndPissed - (USA)

POSTED: Wednesday, February 22, 2017

Yes - your check was held. As is the case for EVERY person who works for us , as is outlined IN THE CONTRACT YOU SIGNED when coming on board

we can hold checks for up to 30 days. 

virginia ginny chene DEMANDED immediate payment the day she quit. we told her we would hold hte check for 7 days given her demands and threats that she'd file a rip off report simply for us not meeting her demands of immediate payment 

we're not going to be blackmailed. and we're not going to be extorted from

she was then reminded that attempting to publicly extort, embarass or harass us was a DIRECT violation of the agreement that carried a $2500 penalty. she was sent MULTIPLE warnings as to what the result of her actions would be

she moved foward anyway.

SHE now owes us THOUSANDS OF DOLLARS

we also made her a very kind offer that we'd waive the fees she owes us and pay her the full amount due if she'd remove the reports. she refuses to do so, so she owes us money... not the other way around

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#7 REBUTTAL Owner of company

That's exactly correct

AUTHOR: AnonymousAndPissed - (USA)

POSTED: Wednesday, February 22, 2017

first - my prior rebuttle stands and i reassert it at this point

second - yes, that's an email I sent her. she posted this as if I have something to hide or would be embarrrased by it going public. I stand by that email. 

  1. I've never denied that virginia ginny chene was due some money that was not paid. she states these things as if they are some grand revelation where she has publicly outed me for not paying her.. YES - she was due money. YES - she was not paid. What virginia ginny chene refuses to focus on is WHY she was not paid. 
  2. virginia ginny chene signed a contractor agreement where she agreed to never come use a site like this in cases of dispute. The contract carries a $2500 penalty for each time the contractor violates that term of the agreement
  3. She decided to quit and demanded pay IMMEDIATELY the day she quit and IMMEDIATELY threatened that she'd call clients and tell them we were a ripoff joint, that she'd file a report here, etc.. . The contract allows us to hold a final check for up to 30 days. We told her it would only be 7 (just long enough for all her appointments to be completed)
  4. so essentially she began attempting to extort money  from us under the guise of threats like this
  5. she was immediately (and repeatedly) reminded that if she followed through on any of those threats that the agreement's $2500 per incident penalty would kick in, which would void out any amounts she was owed. We tried over and over to warn her to simply be patient and wait the 7 days and that she'd be paid on time. 
  6. When i didn't meet her demands she began posting here and other places which meant she forfeited every penny she was owed
  7. While she attempts to characterize the email i sent as a bullying tactic, here's what she's leaving out: she texts me at least 3 times a day, emails me even more, and makes periodic phone calls - each one of these is harrassing and otherwise illegal contact (for which we will be filing a police report). Even after her contract violations the email was meant as an olive branch to try and resolve the matter (though we had no obligation to do so). But given the enormous and ridiculous amount of contact she makes with me, I had to lay down boundaries about what was going ot take place and how it would happen or she'd make even more unnecessary and unwanted contact, hence the terse language in the email.
  8. It was to be virginia ginny chene's responsibility to remoe these things - and she agreed to do so. however, just as we had warned her, rip off report will not allow you to remove anything. and while I think this is a ridiculous policy, as it only fosters more problems (this could have been resolved yesterday and everyone been made happy had they just allowed her to remove it), it's their site and they can do as they freely wish
  9. virginia ginny chene's problem is located in her own mirror - she's her worst enemy and her impatience and petty anger brought about this particular situation. 
  10. the primary thing that virginia ginny chene is leaving out is that SHE OWES US thousands of dollars in contract violations. we no longer owe her a dime given the route she's chosen to take.
  11. HAVING SAID THAT... I STILL STAND READY TO PAY HER - and WILL DO SO - if she can find a way to remove the negative posts online. THAT is the agreement she signed and that was no secret. and remember , SHE WAS WARNED REPEATEDLY BEFORE she did this that this woudl be the outcome if she proceeded. SHE chose to proceed with the FULL understanding of what she was about ot do. SHE cost herself her contracted pay.
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#6 Author of original report

Rip off artist

AUTHOR: - ()

POSTED: Wednesday, February 22, 2017

I received this email from Ray Junior today as you can clearly see Ray owes me my final check but he is keeping it hostage. I can not remove the rip off repost but I have agreed to update it once he pays me so now everyone can see I  am telling the truth Ray is a scum bag and refuses to pay me 

 

Ray Junior <ray@businesspassion.com>

5:12 AM (9 hours ago)
 
to me
 
 
 
 
 
Mrs. Chene,
 
as you can see , I will not be bullied or otherwise moved by your aggressive tactics. 
 
and i will not give in to your demands of being paid prior to you removing the negative posts
 
I will give you until 5pm east coast today to remove every bad review, especially the ripoff report
 
assuming you do so you’ll be paid the full amount you are due
 
LET ME BE VERY CLEAR: this is not a negotiation or a discussion. You will either do this or you will not be paid.
 
and do remember: if i do not follow through you always have the option of re-filing the reports. so there should  be no fear on your part of me not doing what i say
 
this is my final offer to settle the matter.
 
 
 
 
 
 
 
RAY JUNIOR
President - BusinessPassion.com
 
WEB  |  FB  |  TW  | YOU
888-98-RAY-JR
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#5 Author of original report

Ray you owe me my final pay check

AUTHOR: - ()

POSTED: Tuesday, February 21, 2017

Again the bottom line is you held my last paycheck hostage. I quit working for you when you asked me for a second time to not work on days or weeks cause you could not keep up with the meeting that I scheduled for you. 

You owe me for 18 hours the amount of 277.00 had you paid me and not held my pay check hostage none of this would be going on so again just pay me do the right thing.

If the public has any questions all the have to do is look on twitter cause I now have a number of people who you have done the same thing to. So Ray you have a pattern of not paying people who work for you.

ALL I WANT IS MY FINAL PAYCHECK!!!!! SO STOP BEING A SCUM BAG!!!!!

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#4 Author of original report

You are a scum bag

AUTHOR: - ()

POSTED: Monday, February 20, 2017

 Ray there's no reason to introduce yourself on this report you are only big in your head you are not a superstar you are a scumbag you hired me that was the best employee you've ever had I not have a problem working over the phone and setting quality appointment you had a problem showing up to them now also all I want to do is get paid for the 18 hours that I work you continue to refuse to pay me therefore I am going to continue to post all over the internet that you are a fraud and a scumbag all you need to do is pay me the money you owe me and then we can part ways but in tell you do I will be all over social media letting everybody know you ripped me off. My next step is to contact your partner's from you SEO web site Ray you are a loser and you know what you did to me was wrong I feel bad for your child having g you as a role model but hopefully his mom doese a better job then you . I really think you have to be on drugs with the way you rant and rave the bottom line is you owe me 277 and I want it so we can do this everyday or you can pay me for the hours I worked

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#3 REBUTTAL Owner of company

MORE LIES FROM VIRGINIA GINNY CHENE

AUTHOR: AnonymousAndPissed - (USA)

POSTED: Monday, February 20, 2017

i reiterate my prior statemnts:

This ripoff report was submitted by Virginia Ginny Chene and while it has elements of truth to it, it is a complete and total fabrication of what took place due to the fact that events and moments have taken entirely out of context. It’s also missing key details that Virginia Ginny Chene is intentionally leaving out to make herself look better and us look worse.

We’ll return to the “substance”  of what she said shortly, but a quick introduction is due:

Just so we’re clear: Ray Junior himself is writing this response (me) not some person in an ivory tower in HR. I take my reputation seriously, but I will not be bullied by a disgusting person like this who lies, manipulates the truth and revises history to her benefit.

The Ray Junior Show is proud of our reputation of having worked with hundreds of people who have been paid on time, every time, for more than a decade. But every once in a while a bottom feeder bully comes along and believes  they can push us around with threats of using their potential 15 minutes of fame on the internet to violate their agreement and do their worst to make us look bad. Because I’m a public figure people like this attempt to play on my fear that my reputation will be ruined and use blackmail, extortion and threats like this to get their way.

While it doesn’t happen often, bottom feeders like this human being do come along periodically into every company (especially one that’s been around for more than a decade) and other companies simply capitulate to these bullies to keep their reputations safe. We never have and we never will. I was bullied as a kid and I spent too many years giving in and saying and doing what bullies wanted just to keep myself safe and prevent them from hurting me. Once I started standing up to bullies I never stopped and bullies like Virginia Ginny Chene are no exception. These moments are equivalent to mobsters coming into your business and demanding “protection” money so you can be “protected” from them damaging your business. 

I will not be bullied by people like Virginia Ginny Chene. 

So here’s what ACTUALLY happened:

- on 1/17/2017 Virginia Ginny Chene entered into an independent contractor agreement with us after Virginia Ginny Chene responded to one of our online ads for telemarketing and appointment setting. All the monies earned during a contractors tenure, including bonuses, are commissions. And Virginia Ginny Chene was not an employee, she was a contractor.

- During our on boarding process Virginia Ginny Chene mentioned that she was so interested in working for us that she asked us if she should quit her other jobs (she was working as a contractor for other organizations doing similar work). She wanted to terminate all her other contracts and come work for us exclusively full time. I was vehemently opposed to this idea and told her that she should keep her other work and not quit until she had worked for us for some time to make sure that everything worked out. She agreed not to quit anything but would, instead, work for us in her off hours. While this created a longer work week for her, it gave he the security of her paychecks so she could meet all her bills. 

- We are very specific in our contracting recruiting, in on boarding materials, in our contracts and in our training that we only work with the best of the best. We do not train people how to do the basics of the job, though we do provide extensive online training as well as a personal team lead to help you develop your skills. We repeat this over and over in our on boarding process: you MUST be one of the best of the best already, or we will not hire you.  And if you do get hired but cannot immediately perform you will be terminated. 

- It became readily apparent during the first week Virginia Ginny Chene was with us that she was not able to keep up in terms of both quantity of leads and quality of leads and we discussed this with her right away. But there seemed to be enough raw talent in Virginia Ginny Chene that we decided to go to a second week to see if we could develop some of that talent a little further. 

- But during her second week, Virginia Ginny Chene brought other significant problems to the table as well. Our contracts are specific: because you’re a contractor we cannot tell you when to work, you will make your own schedule. And we are clear that you MUST work the schedule that you provide, especially since YOU are the one making that schedule, not us. We are clear in the agreement that if you do not work the schedule that you provide, that you will then be terminated. And you must provide us with your schedule prior to coming on board so we can review and see if it will work for us. Virginia Ginny Chene provided us  with a schedule where she would be working early in the morning each day, which worked well for us. There are a few rare exceptions, but as a rule we only work with contractors that work in the morning. So it was a big problem when Virginia Ginny Chene, during her second week, arbitrarily decided she was going to work in the afternoon without even informing us she was doing so. It was an even bigger problem when we discovered she had been doing this during her first week as well. Due to these facts we informed Virginia Ginny Chene that she would not be permitted to complete the second week with us due to violating this contract term, and were considering a full contract termination. She begged and pleaded for another chance and we agreed that while we would not continue with her for the second week, that we would give her another chance and try one more time during the third week to see if she would live to her contractual obligations since some of her numbers were beginning to climb. She agreed and we ended that week early with the intention of resuming with Virginia Ginny Chene the following week for a third week.

- in Virginia Ginny Chene’s specific case, her “pay day” (commissions) are due each Friday for the prior week. During her second week she was not only paid, but paid EARLY for her first week (notice she didn’t tell you this) 

- Going into her third week (when her second week’s pay would be due) Virginia Ginny Chene did finally live to her contractual obligation of working earlier in the mornings and began to take our advice on how to set better appointments and leads, and the quality of the appointments she was setting began to rise close to the level we look for and so we started to become optimistic that perhaps she would work out after all. However, a new problem began to surface where she was calling us long before opening hours, and significantly later than closing. She was also texting us work related text messages well after work hours (late into the evening, sometimes as late as 10pm). Virginia Ginny Chene lives on the west coast and we are on the east coast, so during her on boarding process it was explained to us that we were not working on her time clock, she was working on ours and she agreed. Yet many calls from her were coming very late at night - between 8 to 10pm in many cases. This was totally unacceptable and I discussed this with Virginia Ginny Chene and she agreed to stop this very unproductive and annoying behavior.  

- However, during Virginia Ginny Chene’s short tenure, business was expanding much faster than we had anticipated and we were not able to keep up with the quantity of leads coming from our contractors. Because of this several of Virginia Ginny Chene’s appointments were unintentionally missed during her second week, and even more during her third and I took note that this was beginning to affect her bottom line. Rather than wait for her to bring it up I got in front of the issue and began to discuss some options with her right away during that third week. None of the available options were very palatable to Virginia Ginny Chene so I explained to her that the best solution would likely be for us to take a break for a few weeks (or potentially longer) so that we could catch up and develop a better solution. This should have had 0 negative effect on her life and pay since she had agreed, from the start, not quit her other jobs (for this exact reason). Right away she started complaining that she had dropped several other contracts to do this job, and blamed me for her doing so, which was in direction violation to our original agreement where she would not quit anything. She tried to side step this with some creative language by saying things like “well I didn’t quit, I just didn’t renew a few contracts”. In our world this is the same thing.. if you don’t renew your contracts, you’re not working your other job (i.e. you’ve quit). Immediately she tried to pin this on us saying other things like “I did that for this job, it’s not fair that I made that sacrifice and now you’re firing me”. I tried to be compassionate for her situation because she was complaining that she wouldn’t be able to pay her mortgage, etc… but on the flip side it was yet another issue with her violating her agreement (she agreed, and we specifically required of her, that she would not quit her other jobs). Not to mention the fact that she wasn’t being “fired”, I was going to bring her back at some point when things calmed down (furthermore, she can’t be “fired”, since she’s not an employee).

- On approximately Wednesday of the third week, early in the morning, this issue began to become of paramount importance because we had to decide if we would continue working with Virginia Ginny Chene. A phone call was placed to her during my morning drive to my first appointment, and during this discussion Virginia Ginny Chene began to throw out wild accusations that we were purposely skating her appointments and paying special attention to our other contractors while intentionally avoiding her. It was ridiculous on its face. The discussion lasted the entire trip and when I arrived at the appointment for which I was scheduled I explained to her that I needed a little time to make a decision as to how to proceed and that I needed to go so I could get into the appointment. I asked for her to be patient until later that day and we would figure something out and that in the mean time she should work her other jobs. It wasn’t like I was asking for her to wait a week, it was just until later that day. She agreed. 

- During the appointment my cell phone began to blow up with messages from Virginia Ginny Chene stating that she wanted to terminate everything and leave the company.  Her tone and demeanor changed from cooperative and communicative to demanding and demeaning. However, I accepted her termination without protest.

- Section 3.1 of our contractor agreement states: “...Final Commissions are subject to a 30 day holding timeframe.”. The reason for  this is because we have enough experience with people like Virginia Ginny Chene to know that they like to use blackmail and extortion to get paid early, Virginia Ginny Chene was no exception. Immediately she began demanding her pay on that day (Wednesday) when , at the earliest, it would be due Friday. After reviewing the slate of appointments she had set I discovered that several went into the Wednesday of the next week. So in an effort to protect those appointments (and really to protect Virginia Ginny Chene since if she followed through on her threats she’d be due nothing)  I sent Virginia Ginny Chene an email detailing the fact that we would certainly pay her, but it would not be until the following Friday (could have made it a full 30 days if I wanted to, but it was only a 1 week delay just to ensure she wouldn’t do anything nasty to the appointments she set). 

- IMMEDIATELY she began to shoot back extortionist text messages, cursing and demeaning me and stating that if I didn’t pay her IMMEDIATELY she would call every appointment and tell them I was a rip off artist, etc… Remember… this is AFTER telling her, in writing, that she would be paid. And this is AFTER her having been paid and paid early during the prior week for her first commission check. 

- Over the next few days Virginia Ginny Chene began to repeatedly and constantly text me over and over with demeaning messages meant simply to harass and bully me into changing my mind. She even sent messages about how her dad was a judge and how he’d make sure we paid for our rip offs. She sent many extortionist texts demanding that I pay her immediately and that if I didn’t she would call every appointment and tell them not to let me through the door and that she’d call the station and tell them I was a rip off artist, and that she would “destroy my reputation online”. Making matters worse she was purposely sending the texts late at night when I had my son (I’m a single dad and I get very limited time with my 2 year old, and she knows this - I wasn’t about to take time away from him just to meet her demands). 

- I sent an email to Virginia Ginny Chene explaining that the route she was taking was not only illegal (extortion is a federal crime) but was in direct violation of our agreement. I put in writing, for a second time, that she would be paid the following Friday as promised and that she needed to simply wait and be patient. I also reminded  her that her contract carried a clause which placed a $2500 penalty in terms of liquidated damages for each incidence of using an online review site to say something negative about us.  Instead of acting like an adult and being patient, Virginia Ginny Chene chose to up the ante and sent even more text messages, emails and voicemails. This continued for the next week.

- During that next week she then enlisted and instructed  her husband to take to social media to write something negative about us online. This was a clever move to try and skirt the contractual penalty for posting negative comments online but it was apparent this happened under her instruction. 

- On Friday , as promised, I sent Virginia Ginny Chene the documentation for exiting the agreement so we could send her the moneys she was owed. She didn’t respond until 3 hours later (remember, she had been blowing up my phone all week but suddenly wasn’t available for 3 hours?) which pushed her response time to almost 8pm east coast. When she finally did respond she was grateful that I was keeping my word. I explained in the text (that I had sent 3 hours earlier) that she received an email with the info and she simply needed to reply with “I agree” and send it back and we would pay her. 

- It’s critical to pause her and point out a second time: *I* made contact with Virginia Ginny Chene on Friday just as I had promised, for the express purpose of paying her.

- Virginia Ginny Chene couldn’t manage to reply properly for some reason unbeknownst to me. She wrote back a nondescript response that was clearly intended to skirt the necessary requirement that she agree to the terms (things like… reminding her not to contact our clients, that blackmail & extortion were not acceptable, that she would be responsible for instructing others to post to our social media, reminder of the $2500 per incident penalty for posting negative things online, etc…). This is very standard, boiler plate type stuff. We weren’t asking her to agree to anything new to receive her commissions, but to simply recognize that these items were in the main agreement and that she understood they survived its termination

- Had Virginia Ginny Chene simply replied with “I understand and agree” she would have been paid that night, even though it was almost 8pm. But when she didn’t reply properly I wasn’t about to take time away from my son to have another argument with her and decided we would continue the process when business hours resumed Monday morning. 

- Virginia Ginny Chene spent the entire weekend saying horrible and nasty things to me via text, email and voicemail. I ignored every bit of it until Sunday morning when she took it to the next level and posted a nasty tweet online. That was the final straw. Since her husband had made contact with me (by his social media post, and in a voicemail) to attempt to resolve the issue, I called her husband (since she was so unreasonable and ridiculous) and explained the following to him in no uncertain terms:

1. Section 3.1 of the agreement allows us to hold your wife’s final commission for up to 30 days. We were holding it for 7 just as an insurance policy so that she would not destroy the appointments she had set or our online reputation (and by the way.. had she destroyed the appointments, even without  the liquidated damages clause, she would have simultaneously destroyed her right to any pay since the very thing she was hired to do was destroyed by her own hands).

2. Section 4.5 of the agreement requires that all terminated contractors are to turn over their records and that she had not done so and was specifically holding client appointment info for the purpose of extortion, which is in direct violation of the agreement (material breach)

3. Section 4.9 applies  $2,500 in liquidated damages for each incident of prohibited client contact (in regards to item 2 above)

4. Section 4.6 of the agreement states that any incidents of disparagement online (or otherwise publicly) are expressly forbidden and each incident of said disparagement carries a $2,500 liquidated damages amount and explained that his wife was in violation of this with her twitter post

5. The addendum to the agreement permits us to drop a contractors pay rate to minimum wage if they don’t provide 2 weeks notice, and she had not provided proper notice.

I then said something along these lines “Your wife is in violation of every major material issue in the agreement and now owes us at least $2,500. At this point I could simply cut you both off and walk away and A) swear out a criminal complaint against her and B) take her to court for the amounts she now owes me. But if your wife will delete her twitter post, send me her agreement to the exit documentation and stop harassing me, then she’ll be paid Monday (and would have been paid Friday had she done the right thing to begin with)”. I then went a step further and said “I’ll even pay her the full amount instead of dropping her to minimum wage”. 

A few minutes later the twitter post was removed and the exit document was signed so I moved on with my day and was going to pay her Monday. 

However… and quite unbelievably, about 30 minutes later I received a NEW SET of harassing, ridiculous messages from Virginia Ginny Chene out of the clear blue telling me what a horrible person I am and how I was a rip off artist, etc… She then went back to twitter and posted FIVE nasty messages about me. She then took to ripoff report, and the rest is now history… 

That was the final straw for me - I sent her email notification that she was in severe breach of her agreement and that she now owed us money and therefore would not be paid on Monday. And this is because it is clear, based on her actions, that even if I pay the time she worked she’s: A) going to continue to demean me online B) owes my company a lot of money at this point anyway

It’s so unfortunate that she did what she did. We ended up where we are because of her impatience and total lack of maturity. 

Given the fact that Virginia Ginny Chene owes us approximately $15,000 in liquidated damages, we do not owe Virginia Ginny Chene anything

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#2 Author of original report

You should have paid me for the time that I worked

AUTHOR: - ()

POSTED: Monday, February 20, 2017

 Ray you should have paid me on 02/10/16 and then again on 02/17/17 but no you did not I had to resort to Twitter and rip off report cause you refused to pay me this was and is very simple pay me and make this right I do not work for free and you owe me for 18 hours now it is not that much money only 277 but I put the time in got the meetings for you so just pay me my final check and this was all hourly not commission. Now due to the fact ray has ripped me off I have no choice but to let the public know so he does not do this to anyone else . Also ray is not even on the radio now so the ads time he is selling is not accurate how can you sell a radio ad for a business when he doesn't even have a show on the radio and if you don't believe me Google it and you will see it yourself it's simple I work for you I did the hours I made the appointment you owe me for every hour that I work this is not extortion this is not believe this is the simple fact that I will not let you take advantage of me and that I do not work for free my time is very valuable and I demand to be compensated per our agreement I did the errors I made the appointment you owe me a paycheck.

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#1 REBUTTAL Owner of company

Virginia Ginny Chene is a Liar & extortionist

AUTHOR: Ray - (USA)

POSTED: Monday, February 20, 2017

This ripoff report was submitted by Virginia Ginny Chene and while it has elements of truth to it, it is a complete and total fabrication of what took place due to the fact that events and moments have taken entirely out of context. It’s also missing key details that Virginia Ginny Chene is intentionally leaving out to make herself look better and us look worse.

We’ll return to the “substance”  of what she said shortly, but a quick introduction is due:

Just so we’re clear: Ray Junior himself is writing this response (me) not some person in an ivory tower in HR. I take my reputation seriously, but I will not be bullied by a disgusting person like this who lies, manipulates the truth and revises history to her benefit.

The Ray Junior Show is proud of our reputation of having worked with hundreds of people who have been paid on time, every time, for more than a decade. But every once in a while a bottom feeder bully comes along and believes  they can push us around with threats of using their potential 15 minutes of fame on the internet to violate their agreement and do their worst to make us look bad. Because I’m a public figure people like this attempt to play on my fear that my reputation will be ruined and use blackmail, extortion and threats like this to get their way.

While it doesn’t happen often, bottom feeders like this human being do come along periodically into every company (especially one that’s been around for more than a decade) and other companies simply capitulate to these bullies to keep their reputations safe. We never have and we never will. I was bullied as a kid and I spent too many years giving in and saying and doing what bullies wanted just to keep myself safe and prevent them from hurting me. Once I started standing up to bullies I never stopped and bullies like Virginia Ginny Chene are no exception. These moments are equivalent to mobsters coming into your business and demanding “protection” money so you can be “protected” from them damaging your business. 

I will not be bullied by people like Virginia Ginny Chene. 

So here’s what ACTUALLY happened:

- on 1/17/2017 Virginia Ginny Chene entered into an independent contractor agreement with us after Virginia Ginny Chene responded to one of our online ads for telemarketing and appointment setting. All the monies earned during a contractors tenure, including bonuses, are commissions. And Virginia Ginny Chene was not an employee, she was a contractor.

- During our on boarding process Virginia Ginny Chene mentioned that she was so interested in working for us that she asked us if she should quit her other jobs (she was working as a contractor for other organizations doing similar work). She wanted to terminate all her other contracts and come work for us exclusively full time. I was vehemently opposed to this idea and told her that she should keep her other work and not quit until she had worked for us for some time to make sure that everything worked out. She agreed not to quit anything but would, instead, work for us in her off hours. While this created a longer work week for her, it gave he the security of her paychecks so she could meet all her bills. 

- We are very specific in our contracting recruiting, in on boarding materials, in our contracts and in our training that we only work with the best of the best. We do not train people how to do the basics of the job, though we do provide extensive online training as well as a personal team lead to help you develop your skills. We repeat this over and over in our on boarding process: you MUST be one of the best of the best already, or we will not hire you.  And if you do get hired but cannot immediately perform you will be terminated. 

- It became readily apparent during the first week Virginia Ginny Chene was with us that she was not able to keep up in terms of both quantity of leads and quality of leads and we discussed this with her right away. But there seemed to be enough raw talent in Virginia Ginny Chene that we decided to go to a second week to see if we could develop some of that talent a little further. 

- But during her second week, Virginia Ginny Chene brought other significant problems to the table as well. Our contracts are specific: because you’re a contractor we cannot tell you when to work, you will make your own schedule. And we are clear that you MUST work the schedule that you provide, especially since YOU are the one making that schedule, not us. We are clear in the agreement that if you do not work the schedule that you provide, that you will then be terminated. And you must provide us with your schedule prior to coming on board so we can review and see if it will work for us. Virginia Ginny Chene provided us  with a schedule where she would be working early in the morning each day, which worked well for us. There are a few rare exceptions, but as a rule we only work with contractors that work in the morning. So it was a big problem when Virginia Ginny Chene, during her second week, arbitrarily decided she was going to work in the afternoon without even informing us she was doing so. It was an even bigger problem when we discovered she had been doing this during her first week as well. Due to these facts we informed Virginia Ginny Chene that she would not be permitted to complete the second week with us due to violating this contract term, and were considering a full contract termination. She begged and pleaded for another chance and we agreed that while we would not continue with her for the second week, that we would give her another chance and try one more time during the third week to see if she would live to her contractual obligations since some of her numbers were beginning to climb. She agreed and we ended that week early with the intention of resuming with Virginia Ginny Chene the following week for a third week.

- in Virginia Ginny Chene’s specific case, her “pay day” (commissions) are due each Friday for the prior week. During her second week she was not only paid, but paid EARLY for her first week (notice she didn’t tell you this) 

- Going into her third week (when her second week’s pay would be due) Virginia Ginny Chene did finally live to her contractual obligation of working earlier in the mornings and began to take our advice on how to set better appointments and leads, and the quality of the appointments she was setting began to rise close to the level we look for and so we started to become optimistic that perhaps she would work out after all. However, a new problem began to surface where she was calling us long before opening hours, and significantly later than closing. She was also texting us work related text messages well after work hours (late into the evening, sometimes as late as 10pm). Virginia Ginny Chene lives on the west coast and we are on the east coast, so during her on boarding process it was explained to us that we were not working on her time clock, she was working on ours and she agreed. Yet many calls from her were coming very late at night - between 8 to 10pm in many cases. This was totally unacceptable and I discussed this with Virginia Ginny Chene and she agreed to stop this very unproductive and annoying behavior.  

- However, during Virginia Ginny Chene’s short tenure, business was expanding much faster than we had anticipated and we were not able to keep up with the quantity of leads coming from our contractors. Because of this several of Virginia Ginny Chene’s appointments were unintentionally missed during her second week, and even more during her third and I took note that this was beginning to affect her bottom line. Rather than wait for her to bring it up I got in front of the issue and began to discuss some options with her right away during that third week. None of the available options were very palatable to Virginia Ginny Chene so I explained to her that the best solution would likely be for us to take a break for a few weeks (or potentially longer) so that we could catch up and develop a better solution. This should have had 0 negative effect on her life and pay since she had agreed, from the start, not quit her other jobs (for this exact reason). Right away she started complaining that she had dropped several other contracts to do this job, and blamed me for her doing so, which was in direction violation to our original agreement where she would not quit anything. She tried to side step this with some creative language by saying things like “well I didn’t quit, I just didn’t renew a few contracts”. In our world this is the same thing.. if you don’t renew your contracts, you’re not working your other job (i.e. you’ve quit). Immediately she tried to pin this on us saying other things like “I did that for this job, it’s not fair that I made that sacrifice and now you’re firing me”. I tried to be compassionate for her situation because she was complaining that she wouldn’t be able to pay her mortgage, etc… but on the flip side it was yet another issue with her violating her agreement (she agreed, and we specifically required of her, that she would not quit her other jobs). Not to mention the fact that she wasn’t being “fired”, I was going to bring her back at some point when things calmed down (furthermore, she can’t be “fired”, since she’s not an employee).

- On approximately Wednesday of the third week, early in the morning, this issue began to become of paramount importance because we had to decide if we would continue working with Virginia Ginny Chene. A phone call was placed to her during my morning drive to my first appointment, and during this discussion Virginia Ginny Chene began to throw out wild accusations that we were purposely skating her appointments and paying special attention to our other contractors while intentionally avoiding her. It was ridiculous on its face. The discussion lasted the entire trip and when I arrived at the appointment for which I was scheduled I explained to her that I needed a little time to make a decision as to how to proceed and that I needed to go so I could get into the appointment. I asked for her to be patient until later that day and we would figure something out and that in the mean time she should work her other jobs. It wasn’t like I was asking for her to wait a week, it was just until later that day. She agreed. 

- During the appointment my cell phone began to blow up with messages from Virginia Ginny Chene stating that she wanted to terminate everything and leave the company.  Her tone and demeanor changed from cooperative and communicative to demanding and demeaning. However, I accepted her termination without protest.

- Section 3.1 of our contractor agreement states: “...Final Commissions are subject to a 30 day holding timeframe.”. The reason for  this is because we have enough experience with people like Virginia Ginny Chene to know that they like to use blackmail and extortion to get paid early, Virginia Ginny Chene was no exception. Immediately she began demanding her pay on that day (Wednesday) when , at the earliest, it would be due Friday. After reviewing the slate of appointments she had set I discovered that several went into the Wednesday of the next week. So in an effort to protect those appointments (and really to protect Virginia Ginny Chene since if she followed through on her threats she’d be due nothing)  I sent Virginia Ginny Chene an email detailing the fact that we would certainly pay her, but it would not be until the following Friday (could have made it a full 30 days if I wanted to, but it was only a 1 week delay just to ensure she wouldn’t do anything nasty to the appointments she set). 

- IMMEDIATELY she began to shoot back extortionist text messages, cursing and demeaning me and stating that if I didn’t pay her IMMEDIATELY she would call every appointment and tell them I was a rip off artist, etc… Remember… this is AFTER telling her, in writing, that she would be paid. And this is AFTER her having been paid and paid early during the prior week for her first commission check. 

- Over the next few days Virginia Ginny Chene began to repeatedly and constantly text me over and over with demeaning messages meant simply to harass and bully me into changing my mind. She even sent messages about how her dad was a judge and how he’d make sure we paid for our rip offs. She sent many extortionist texts demanding that I pay her immediately and that if I didn’t she would call every appointment and tell them not to let me through the door and that she’d call the station and tell them I was a rip off artist, and that she would “destroy my reputation online”. Making matters worse she was purposely sending the texts late at night when I had my son (I’m a single dad and I get very limited time with my 2 year old, and she knows this - I wasn’t about to take time away from him just to meet her demands). 

- I sent an email to Virginia Ginny Chene explaining that the route she was taking was not only illegal (extortion is a federal crime) but was in direct violation of our agreement. I put in writing, for a second time, that she would be paid the following Friday as promised and that she needed to simply wait and be patient. I also reminded  her that her contract carried a clause which placed a $2500 penalty in terms of liquidated damages for each incidence of using an online review site to say something negative about us.  Instead of acting like an adult and being patient, Virginia Ginny Chene chose to up the ante and sent even more text messages, emails and voicemails. This continued for the next week.

- During that next week she then enlisted and instructed  her husband to take to social media to write something negative about us online. This was a clever move to try and skirt the contractual penalty for posting negative comments online but it was apparent this happened under her instruction. 

- On Friday , as promised, I sent Virginia Ginny Chene the documentation for exiting the agreement so we could send her the moneys she was owed. She didn’t respond until 3 hours later (remember, she had been blowing up my phone all week but suddenly wasn’t available for 3 hours?) which pushed her response time to almost 8pm east coast. When she finally did respond she was grateful that I was keeping my word. I explained in the text (that I had sent 3 hours earlier) that she received an email with the info and she simply needed to reply with “I agree” and send it back and we would pay her. 

- It’s critical to pause her and point out a second time: *I* made contact with Virginia Ginny Chene on Friday just as I had promised, for the express purpose of paying her.

- Virginia Ginny Chene couldn’t manage to reply properly for some reason unbeknownst to me. She wrote back a nondescript response that was clearly intended to skirt the necessary requirement that she agree to the terms (things like… reminding her not to contact our clients, that blackmail & extortion were not acceptable, that she would be responsible for instructing others to post to our social media, reminder of the $2500 per incident penalty for posting negative things online, etc…). This is very standard, boiler plate type stuff. We weren’t asking her to agree to anything new to receive her commissions, but to simply recognize that these items were in the main agreement and that she understood they survived its termination

- Had Virginia Ginny Chene simply replied with “I understand and agree” she would have been paid that night, even though it was almost 8pm. But when she didn’t reply properly I wasn’t about to take time away from my son to have another argument with her and decided we would continue the process when business hours resumed Monday morning. 

- Virginia Ginny Chene spent the entire weekend saying horrible and nasty things to me via text, email and voicemail. I ignored every bit of it until Sunday morning when she took it to the next level and posted a nasty tweet online. That was the final straw. Since her husband had made contact with me (by his social media post, and in a voicemail) to attempt to resolve the issue, I called her husband (since she was so unreasonable and ridiculous) and explained the following to him in no uncertain terms:

1. Section 3.1 of the agreement allows us to hold your wife’s final commission for up to 30 days. We were holding it for 7 just as an insurance policy so that she would not destroy the appointments she had set or our online reputation (and by the way.. had she destroyed the appointments, even without  the liquidated damages clause, she would have simultaneously destroyed her right to any pay since the very thing she was hired to do was destroyed by her own hands).

2. Section 4.5 of the agreement requires that all terminated contractors are to turn over their records and that she had not done so and was specifically holding client appointment info for the purpose of extortion, which is in direct violation of the agreement (material breach)

3. Section 4.9 applies  $2,500 in liquidated damages for each incident of prohibited client contact (in regards to item 2 above)

4. Section 4.6 of the agreement states that any incidents of disparagement online (or otherwise publicly) are expressly forbidden and each incident of said disparagement carries a $2,500 liquidated damages amount and explained that his wife was in violation of this with her twitter post

5. The addendum to the agreement permits us to drop a contractors pay rate to minimum wage if they don’t provide 2 weeks notice, and she had not provided proper notice.

I then said something along these lines “Your wife is in violation of every major material issue in the agreement and now owes us at least $2,500. At this point I could simply cut you both off and walk away and A) swear out a criminal complaint against her and B) take her to court for the amounts she now owes me. But if your wife will delete her twitter post, send me her agreement to the exit documentation and stop harassing me, then she’ll be paid Monday (and would have been paid Friday had she done the right thing to begin with)”. I then went a step further and said “I’ll even pay her the full amount instead of dropping her to minimum wage”. 

A few minutes later the twitter post was removed and the exit document was signed so I moved on with my day and was going to pay her Monday. 

However… and quite unbelievably, about 30 minutes later I received a NEW SET of harassing, ridiculous messages from Virginia Ginny Chene out of the clear blue telling me what a horrible person I am and how I was a rip off artist, etc… She then went back to twitter and posted FIVE nasty messages about me. She then took to ripoff report, and the rest is now history… 

That was the final straw for me - I sent her email notification that she was in severe breach of her agreement and that she now owed us money and therefore would not be paid on Monday. And this is because it is clear, based on her actions, that even if I pay the time she worked she’s: A) going to continue to demean me online B) owes my company a lot of money at this point anyway

It’s so unfortunate that she did what she did. We ended up where we are because of her impatience and total lack of maturity. 

Given the fact that Virginia Ginny Chene owes us approximately $15,000 in liquidated damages, we do not owe Virginia Ginny Chene anything

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