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GeoffPark

DZO sues Tandem Instructor

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DougH



Call the state labor board, and other various parties, and inform them that this guy is misrepresenting employees as independent contractors.



This!

All you have to do is file a form SS 8 with the IRS asking them to determine your tax status.

Considering one of the main considerations of the IRS in determining subcontractor status is who controls the work terms and another is whether there is a contractual basis, well...

You can likely win this in court, but the costs of winning can be high.
"What if there were no hypothetical questions?"

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djcnick

Geoff, Lashing out on this forum is childish... Why don't you tell everyone why you were fired last year?? If you are going to tell a story why not tell the whole story??



Was does being fired have to do with suing the man when he tried to work somewhere else.
"The restraining order says you're only allowed to touch me in freefall"
=P

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Was does being fired have to do with suing the man when he tried to work somewhere else.



And being fired by a DZO could mean a myriad of things. Could be for a valid reason, could be work place politics, could be as simple as refusing to jump in shit conditions.
“That which can be asserted without evidence, can be dismissed without evidence.”

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Sounds bad as one DZO firing every Ti/AFFI for working part time at DZ across the hill for a military contract.

That's what happens if you hire bunch of Tis promising approx 100 jumps a month and give them a 50.

Karma got him and he is a registered sex offender now.
Bernie Sanders for President 2016

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djcnick

Geoff, Lashing out on this forum is childish... Why don't you tell everyone why you were fired last year?? If you are going to tell a story why not tell the whole story??



If he was fired then the non compete is done anyway. Not that they hold water in court ever. You CANNOT tell a person that they can't work at the profession they have skills in. If someone goes after clients of the previous company then there is a case but non competes in general never hold up in court. I am shocked to hear this one did. Then again we are talking about New York. I do not know what happened but I know that non competes hold no water in a court of law in my experience and I have had a lot of said experience with them.
Life is all about ass....either you're kicking it, kissing it, working it off, or trying to get a piece of it.
Muff Brother #4382 Dudeist Skydiver #000
www.fundraiseadventure.com

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I worked at Long Island Skydiving Center in 2014 along with Geoff, and signed the same contract. If it had been something I hadn't agreed to I wouldn't have signed it, end of discussion. Nobody forced my hand, so how can anyone be mad that Brian chose to enforce it? It wasn't hidden, you didn't have to search through fine print to see it. The terms were very clear from the beginning.
I have worked at a lot of dzs around the country and have never found a place that compared to LISC. Brian is the best and easiest dzo I've ever worked for, and the only one i would choose to work for in the future. He runs one of the smoothest operations out there.
We had a few bad apples that threatened to spoil the bunch that season, one of which was Geoff who was fired for numerous extremely valid reasons and is now complaining because he signed a contract and obviously didn't read it or believe it would be enforced. Who's fault is that?

I don't know any other dzo that i would bother to defend, and this is the first and only post I've ever taken the time to write. Bottom line, if you don't like the contract, don't sign it. If anyone chooses not to work at LISC because of this thread, you're truly missing out.

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Again, what does any of that have to do with your DZO choosing to sue him.

The contract is bullshit, your DZO isn't protecting trade secrets. A fired employee isn't going to leave with privledged information, or trade secrets, or run off with major customers. Short of employees opening up at the same airport there is no reasons for this clause.

You fired him, he didn't hang around, and you sue him? Just because you can do something legally, and many of us think this was without merit, doesn't make it a lowlife move.

This guy could have been the shitiest employee, this still makes your DZO look like a dick.
"The restraining order says you're only allowed to touch me in freefall"
=P

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I have a question: Do you use the terms "bullshit" and "dick" in your everyday language? It shows your true intelligence!!

So lets fill you in on some history:
I have been jumping at LISC on and off for the past 9 years! I never had to sign a non compete contract in the past until an office person allegedly stole documents to give to the competition. Which is the only reason they have the non compete contract and I have no issue signing it each year....

Because it wasn't disclosed by anyone else ill fill you in. The two DZ's are just about on the same airport. The two airports are connected by a grass taxi way and their runways are less than about 50' apart on the North end and I would guess about 300' apart on the south end.


To all: Just because you think a non compete contract will not hold up in court for what ever reason please understand the law before you post your amateur opinion! Thanks..
So lets review the facts:
It did hold up in court!
And if this contract was so egregious, I recommend to Geoff to file suit for damages.. You don't need a big bank account if you are in the right! Most attorneys would take this case for a commission.

Once again for the record: I have know Geoff for about 9 years now, He was the IE that crossed me over from Strong to Sigma. (thanks Geoff) I consider Geoff to be a friend, but I will not sit by and watch this persecution of a DZ and it's owner by uninformed people. (and I'm talking to you to Princess (That's an old joke to one of the posters)) If you don't know the full story please do your due diligence and ask questions before you post dribble.. Thanks

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I guess the courts disagree with you about the contract being bs, and so did Geoff because he agreed and signed it. Him being fired had nothing to do with getting sued, you're right, but I do think Geoffs character should be taken into account if his story is going to be believed and allowed to cast a negative light on Brian. I'm not going to argue with you guys, and I don't care that you're willing to talk negatively and judge someone based on one persons account of a situation you know nothing about, and I know Brians business is going to continue to thrive with or without those of you angry about this. Working for Lisc and signing that contract is certainly worth not working at the other dzs in the area, if you don't think so, don't sign. Your choice. This is a truly silly and ridiculous argument, but please feel free to continue without me.

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djcnick

I have a question: Do you use the terms "bullshit" and "dick" in your everyday language? It shows your true intelligence!!



That is amusing, I have a question too, do you normally make claims about someone intelligence based on a casual internet discussion! It shows your true character.

Go chase some more ambulances, it appears that is how your whole crew rolls. ;)
"The restraining order says you're only allowed to touch me in freefall"
=P

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It only stops him from doing tandems at the 2 other dzs on long island. Geoff does not live on long island or near long island, so it does not stop him from making money doing tandems anywhere else in the US. If you choose to drive from Texas to New York to do tandems when you know you signed a contract saying you wouldn't, that's your own fault. And let's not pretend that geoff wouldn't or didn't have info that he shared with this other dz that's ON THE SAME AIRPORT as Brians. If the dz had been say, 50 miles away, it may have been a different story, but we'll never know. Like I said, you're entitled to your own uninformed decision and quick judgments. I've stated my opinion on Brian and his operation and that's all i wanted to do. Buh bye now

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emilyfish

... If you choose to drive from Texas to New York to do tandems when you know you signed a contract saying you wouldn't, that's your own fault. ...



In Post #5, Geoff said this: "Yup, I signed it. Had no option at the time, as he sprung it on me after I had got into debt traveling 2,600 miles to get back there."

If this is what happened, then a bit more sympathy might be given to Geoff, because that would change things. What is your understanding of this?

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Don't have a dog in this fight on the non compete but I saw a video on Facebook of a kid I know doing a tandem out there this summer.

Perfectly clear day with no clouds and they got out of the plane at 8,100 feet. Granted the video intro says they only go to 10k but the alti shot in the door says 8k. Looks like its a smooth way to make cash of newbies for not much of a skydive.

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JayFitz164

Don't have a dog in this fight on the non compete but I saw a video on Facebook of a kid I know doing a tandem out there this summer.

Perfectly clear day with no clouds and they got out of the plane at 8,100 feet. Granted the video intro says they only go to 10k but the alti shot in the door says 8k. Looks like its a smooth way to make cash of newbies for not much of a skydive.



I have even less of a dog in the fight (well, maybe lol.. all I know is I know nothing about the details or the people involved), but ATC restrictions happen. I'd bet that on Long Island, it would not be uncommon.
Remster

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The case number is 605364/2015 in the Supreme Court of the State of NY, County of Suffolk. The attachment here is the arguments that I was not allowed to present at the hearing. My answer to the summons may or may not be online, but I can put it on Dropbox if you want. As I said before, the legal thing is done and dealt with. If you think it could be resurrected (in my favor), please let me know, but as I also said earlier, the two-month window for making an appeal has already closed...

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[Geoff, Lashing out on this forum is childish... Why don't you tell everyone why you were fired last year?? If you are going to tell a story why not tell the whole story?? ]


Hey there Nick Celinski! I'm not lashing out, but merely bringing this issue out to a wider audience. I was fired in Sept 2014, for alleged sexual harassment, which was bs because it didn't happen. Erler and I had had our differences over the years, but what really showed his true colors was when he decided to pay the TIs $2 less per jump...after they had showed up there. I know he's your friend, but doesn't that show a little lack of respect for what we do...when everybody elses' pay has gone up since 2006?

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