I recently started working for a real estate agency as a rental agent at the suggestion of my significant other, who started a few months ago. I am working as an independent contractor – 1099. I was required to sign a non-compete the day I started. I am unlicensed (taking the exam this weekend), but the agency advertises that they will hire unlicensed agents and train you while you prepare for the license exam. Turns out that I’m being forced to engage in activity that is illegal for unlicensed persons according to the real estate board here in my state. Naturally, I’m not paid to do any of the long hours of work they require, and boy do they crack the whip.

Today, the broker threatened my significant other that if he didn’t write out a daily plan of his every activity (which many of the agents are required to do), he will be suspended for one week. Naturally, he’s livid over such bullying tactics. After reading the difference between an IC and an employee, it seems their over control of a person’s day/time falls into the category of employee, although no one is paid to do all the required activities besides closing deals. Since I’m not licensed and cannot close deals, I’m essentially working for free. When I realized I was engaging in illegal activity, I told my manager I needed to hold off until I get my license, and I explained why. Surprisingly, she didn’t seem concerned over why I told her I couldn’t work there now, as though she knows they are in violation of the law.

Regardless, I have committed to this field and cannot possibly wait 1 year or find work beyond 20 miles of their agency to find employment, which is the condition of the non-compete. I am planning to resign and go work for another agency as soon as I get my license. Do you think I have a good case to fight the non-compete should this broker come after me? He’s been known to be viscious, which I discovered after the fact. But I’m not even a licensed agent so what exactly is it that I cannot do for 1 year or within the 20 mile radius? Thank you.

This is pertaining to the switch we made with Century Link (local phone provider) to Brighthouse (local phone/internet).

The local phone company was Embarq until they were bought out by Century Link. Our last month to month bill with Embarq was October 2009. We then received the new bill from Century Link November 2009. We were given a “Letter of Agency” in January 13, 2010 by Century Link acknowledging they are our new local telephone provider. We then switched our local provider to Brighthouse Business November 2010. We received the new Century Link bill shown on (Bill1, Bill2) & (Bill1a, Bill2a) pdf files. The total amount is $3,316.11 vs our normal bill of $500-$600 a month from Century Link’s previous bill. They claim we were on a 3yr contract. If you view the Letter of Agency, it does not state we are on a 3 year contract with terms and agreement. At other previous jobs, I have signed contracts separate from the Letter of Agency or Letter of Authorization. I have contacted FCC and we have been issued a number. I’ve called FCC several times to make sure we are not place to the end of the pile. The initial call to FCC was December 7th after I spoke with John Doe 1 who works for Global Contact Services (Century Link Agent). We documented each call when speaking to Global Contact Service Agent & FCC.

12/7/10 Contacted John Doe 1 at Global Contact Services asking to fax over (Letter of Agency) See attachment

12/7/10 Contacted Brighthouse to verify the Letter of Agency

12/7/10 Contacted ecfr at nara.govto clarify definition of Letter of Agency along with this link

12/7/10 Received response from aworley at gpo.gov clarifying where I should write a complaint

12/7/10 Contacted FCC slamming at fcc.gov with the information I have provided as an attachment which initiated the FCC number

12/8/10 Contacted Florida Consumer Complaint Bureau but guided me back to FCC

12/14/10 Contacted John Doe 1 and wanted to speak with our representative who signed the Letter of Agency

12/16/10 Contacted John Doe 3 who replaced John Doe 2. John Doe 2 was the one who drew up this mysterious contract Jan 13, 2010. John Doe 3 mentioned she would get in touch with her Supervisor to pro rate the bill since they have received a lot of calls on this person John Doe 2. I gather that is why John Doe 2 no longer works as a Global Contract Services Agent.

12/20/10 Called John Doe 1 for follow up he had with his supervisor which we think John Doe 3 is the supervisor even though she replaced John Doe 2. We left off stating we will be in touch with our Lawyer.

1/3/11 Called FCC to find out where we stand on our case. The FCC representative has pushed our case to higher priority.

1/5/11 Called FCC to verify again where we stand and said they are catching up after the holiday break.

I feel Century Link will place us into collections since they have not followed through resending the new pro rated bill.

Any advise will be helpful.

Daniel

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Back in June of 2010, I was served with a garnishment through the local collection agency and in the process this agency uses a fictious business name to locate people. My employer started garnishing my paycheck at the end of June 2010 in the amount of $343.10. This initial check ended up going to the Revenue and Reimbursement Dept. and instead should have gone to the Sheriffs Dept. Somehow this check ends up going to this fictious business in which they deposit this money into their account, never being posted to my account with the collection agency. I have secured a copy of the canceled check from my payroll dept and presented this copy to the collection agency. No one there at the agency can tell me why this money was not posted to my account and also they have no clue of this “special account” where the money did go. Yes, the collection agency did acknowledge they were using this fictious business name and that they did receive the check but, have no idea why their bookkeeper deposited the check in this unknown “specail” account. I was told their bookkeeper would investigae this matter when she arrives on Monday 12/06/21010. I feel fraud is happening here. Am I close? Can you tell me what to do or where to go? Thank you, Gloria

We own a house near Billings, MT and have decided to put it up for rent due to a change of location of my employer. We will be moving back in about 3 years and are madly in love with the home we’ve created.

We hired a property management agency to handle it all but will be in the area for about 3 months.

The PM accepted a couple on 8 Sep and we authorized the tenants to have a move-in date of 15 Sep at which time first month’s rent was due and we agreed for the security deposit to be paid along with October’s rent. My husband knows who they are through mutual friends but is in no way “friends” with them. What we do know is that they seem to be good people and have decent jobs so we were excited that we knew something about them from people we trust. They’re several years older than my husband and I and that also gave us a bit of the warm fuzzies-there’s an expectation of responsibility that comes with age- wow, we were so wrong. :woah:

Somehow the tenants got our phone number, and I received a frantic call tonight (20 Sep) from them telling me that the personal check they wrote to the agency on the 15th will not clear due to an accidental double car payment- I feel bad for their mistake but told them that they need to contact the PM ASAP and let him know, I don’t know what she (wife) was thinking by calling me. The check hasn’t even been processed yet. They haven’t moved any of their household items into the house, that is scheduled to begin tomorrow morning.

It specifically states in the application/agreement provided by the PM that first month’s rent and security deposit must be paid by cashier’s check or money order. I don’t know what happened there, why would they take a personal check when it’s against their policy?

The tenant offered me a significantly lower amount of cash “right now”, for what? I don’t know. I explained that even though we are the owners, we contracted with the agency to handle all financial transactions, etc…that prompted begging for me to pay to get out of my contract with the PM and have them just pay me directly for the duration of the lease. Are you kidding me!? Unbelievable. I told them that they really need to take this up with the agency and that it was all out of my hands. I’m so shocked right now.

Is this all grounds for them to be terminated from the “lease”? We still haven’t been able to get a copy of the signed lease from the PM- he’s always out of the office and apparently none of the other agents can help us- which I find really unprofessional and unnerving.

It does state in a copy of our contract with the PM that upon receipt of deposit and first month’s rent, they (tenants) and the PM’s agency have entered into the lease. So, even though the agency received the check, no funds have been paid. I’m not very familiar with a whole lot of legal stuff, but in my mind, that screams INVALID. Am I wrong?

Another major issue- when talking to the tenant, she kept referring to the payment that she made on the 15th as the “security deposit” and I told her that the agreement was to pay the first month’s rent, that her payment was not the deposit and she just started going on and on about what a loser PM we have and that she’s not comfortable dealing with such shady characters. Obviously we have a major communication breakdown somewhere, but this relationship is not starting out on the right foot, for sure.

The rent is 1950/month and that’s not cheap…if they’re cutting their finances so close that a small error in bill paying makes them bounce a check by $1300 (she told me that’s how short they are), how can they honestly afford our house? That means that if we were to somehow let them pay THIS first payment along with the other two on 1 Oct, they would have to pay $5850 and that’s just too much for them, it’s too much for just about anyone. I know I couldn’t do it and I make a lot more than either of them. I’m losing faith in my PM by the minute, but even more worried about these tenants who are going to be moving their furniture and kids into the house in less than 12 hours.

Other rental houses in our area are either almost uninhabitable or even more expensive than ours, so we wouldn’t exactly have a problem finding new tenants and I don’t want them out on the street, but this is business- I have to keep reminding myself that.

I don’t think the PM did a very good job with the financial screening and definately not pulling their weight or earning their fees-it’s only been about 3 weeks since we contracted with them.

So, is any of this grounds for nullification of the lease? If they move their stuff in tomorrow and the agency doesn’t get payment, are we going to end up in eviction court if they don’t want to leave?

Does anyone think that the PM’s actions or lack of are grounds for us to break our contract with the agency without having to pay the 10 percent fee for the next 12 months?

I’m pissed that they would take a personal check when it explicitly states that it is not an acceptable form of payment and now they’ve put us in this situation. We are more than likely going to lose out on this month’s rent, probably have to pay God only knows what else and we’ve lost out on several GOOD renters. Should we be entitled to compensation for that?

Sorry so long, and thanks for any responses. I don’t know where we’re at right now!!!

Divorced 13 yrs ago. Originally went through Child Support Agency for a few months then elected out to deal with the finances on our own. My ex-wife now wants to send our 15yr old son to a private school and wants me to pay half of the tuition but I don’t agree with the choice. Can she take me to court for child support to cover the tuition.

I’m having troubles finding information on what cps can and can’t legally do. I’ve had run-ins with CPS a few times, and I still can’t get definite answers to my questions. My cases with CPS have always been unfounded, and now it seems like i’m being harrassed.

I am currently working with an agency that was referred by CPS. I was told by my social worker at the agency I’m working with that a call was made to CPS and that CPS referred this agency because they didn’t feel that the case was of concern, but that they felt we could use some community services to help to improve our situation. So now I have a worker that comes out to the house weekly to check up and help us find resources that we may need. A couple of weeks ago, a CPS worker came to the house, we’re currently staying with family in cramped conditions, but the children’s school, the agency we’re working with, etc. know of the situation, for allegations made about one of my nephews that lives in the house. His parents now have an open case with allegations of abuse due to spanking. A police officer walked into the house about a week ago stating that he was there because a CPS worker was told she couldn’t enter the house because my nephew’s parents weren’t home.
The CPS worker came back a couple days later and I spoke with her and let her see the house. She said she could come in whenever she wanted and she could talk to the kids alone. Can she do that? Can I prevent them from talking to my kids at school? Can they come in the house without a warrant?
Also, a worker came out the other day about allegations agains me and my husband regarding a bruise my two year old had on his head. They are looking at the past cases that had been all ruled unfounded and trying to bring those issues into this case. Can they do that? They are trying to accuse us of drug use, and my husband has been clean for over 5 years. He had gone through the drug court program and graduated successfully. They are saying they are going to call us for a random UA. Can they do that? Can we have 2 open cases at the same time? What do we do next time they come to the door? I’ve been trying to get these answers for the last 5 years.
So if anyone can answer those questions, that would be greatly appreciated.

My Child was put in Temporary foster care. Shortly after arriving in foster care he was taken for his immunization updates. Cps was involved and the case was still in investigation. My parental rights have not been terminated..within 2 weeks of being placed he was given shots. This medical procedure is against my beliefs and in his school medical file, in order for him to even attend school there has been an Immunization Waiver form affidavit issued by the Texas Dept. Of Health allowing me to invoke this right to waive his mandatory immunizations. THis form must be on file and up to date in order for him to attend school. The worker in charge of my son failed to read his medical file and check to see why he might be delinquent in his immunizations, or how he was even able to attend school at all, and he was taken in for this procedure. Do I have any legal recourse in suing the state for violating my right to waive undue medical procedures on my child? I am so angry about this.. among myriad of other civil rights I believe Child Protective Services are allowed to trample on and violate. I would research this myself if I only knew where to look. This agency seems to have a broad sweeping set of legal allowances that seem to let ‘them’ get away with so much. Any help or direction concerning this matter or where I might be able to resource their laws and legal permissions to do what they do and cannot do would be greatly appreciated. Also I am contesting the decision the agency made for removing my child in the first place. And who oversees my complaint? Cps of course..Where is the fairness or impartiality in that? They have broad sweeping legislative power and abuse it. SO much so that it seems impossible to research exactly what kind of power this agency wields exactly.. Thank you for your input.