DZO sues Tandem Instructor

[GeoffPark 0]

Quote

[For the record: Brian at LISC pays out of his pocket for workers comp for the all staff and independent contractors like Ti's packers, etc.
Can you tell me ONE OTHER DZO that pays for workers comp for Ti's and packers????????]

What this has to do with this thread, Nick, I don't know, but actually pretty much all DZs pay workers' comp premiums these days. You didn't know? Brian Erler wouldn't pay them unless he had to...

[ontheair 0]

Well said! Completely agree! I see far too many operations trending this way.

[Southern_Man 0]

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.

Sadly this is pretty much SOP at a lot of tandem factories.

"What if there were no hypothetical questions?"

[Southern_Man 0]

GeoffPark

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...

Have you considered filling an ss8 form?

http://www.irs.gov/pub/irs-pdf/fss8.pdf

By signing you to a non-compete clause he has taken a very large step towards treating you as an employee in the eyes of the IRS. If he wants to treat you as an employee, let him, with all of the obligations and responsibilities that entails.

"What if there were no hypothetical questions?"

[GeoffPark 0]

Not really in my interest to be treated as an employee, but thanks for the suggestion.
***Have you considered filling an ss8 form?

[GeoffPark 0]

The difference between the way Brian Erler runs LISC and Skydive South Shore and how Martin Audit runs 516-SKYDIVE, is honesty. All three dropzones are tandem factories, and there are usually no ATC restrictions. Brian Erler leads his customers to believe that they'll jump from 10K'. Martin Audit tells his that they'll go to 8,000' ... and he treats his staff with the same respect. I was amazed at the difference. There are still good DZOs out there; Martin is one of them.***JayFitz164 wrote:
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

[Trafficdiver 8]

Is there a time limit on the no compete clause? I have used them in my business, but after a year it expires.

I'm not a TI just interested.

[wolfriverjoe 1,339]

Trafficdiver

Is there a time limit on the no compete clause? I have used them in my business, but after a year it expires.

I'm not a TI just interested.

OP says 50 miles and 2 years on the one in question.

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[normiss 620]

Then why in the world would sign a non compete?

It's the opposite of what an independent contractor does.

[Southern_Man 0]

GeoffPark

Not really in my interest to be treated as an employee, but thanks for the suggestion.
***Have you considered filling an ss8 form?

So, you can do what you want, but he is already treating you as an employee. All I'm suggesting is that if he wants to treat you like an employee by having you sign a non-compete that you allow him to treat you like an employee in ALL respects.

He is getting a free ride here by picking and choosing when to treat you like an employee and when to treat you like a contractor. Meanwhile you are stating you are helpless to contest...you aren't.

"What if there were no hypothetical questions?"

[djcnick 0]

GeoffPark

The difference between the way Brian Erler runs LISC and Skydive South Shore and how Martin Audit runs 516-SKYDIVE, is honesty. All three dropzones are tandem factories, and there are usually no ATC restrictions. Brian Erler leads his customers to believe that they'll jump from 10K'. Martin Audit tells his that they'll go to 8,000' ... and he treats his staff with the same respect. I was amazed at the difference. There are still good DZOs out there; Martin is one of them.***JayFitz164 wrote:
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

Geoff that is laughable!!!!

[AdD 1]

I think there's a lesson to be learned here, good paper makes good friends. If you don't like a clause in a contract strike it out and then sign it.

Life is ez
On the dz
Every jumper's dream
3 rigs and an airstream

[TomNoonan 1]

I think AdD has made a good point on what can ultimately be taken away from this. At that, I'm going to lock the thread, the points have been made. If new information comes up, PM me and I will reopen the thread.

Thanks, Tom

Namaste,
Tom Noonan

www.everest-skydive.com