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Old 12-03-2001, 12:38 PM   #1 (permalink)
Soakinuptherays
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I never wanted any of this to become public. I believe these issues are between me and
Laurie but I will not be blackmailed or lied about. Laurie (Black) Huber AKA Bronze
Star has decided to make our private employment issues public.

This weekend I was sent a post she placed in TanTalk Moderators Forum. The problem I
have is that she seeking “advice from and discussing these issues” with current Soakin’
Up The Rays, Inc. customers and prospective customers that have access and participate
on that forum. The effect of this post in my view is use these customers and prospect to
put pressure on me to pay her money she has no legal right to receive or at this point
deserves to be paid.

I am very sorry, that I have been forced to air these issues publicly but I do not have
access to the TalkTan moderators forum so I can not defend my actions or even see the
entire discussion that resulted from her posting. I do not know how many of my
customers or prospective customers she has spoke about this or if this is the only way she is trying to damage me or my company in an effort to blackmail money from me. So I
must take steps to protect my name and reputation by allowing the indoor tanning
industry to judge who is right and who is wrong.

Her post on TanTalk Forum was what put this in public play for several of my customers
and prospects:

Bronze Star
The "Head" Cheese
Posted: 11/17/01 2:03p I have a
dilemma and would prefer this stay in here... not in public. When Greg and I ended
our arrangement he requested his stuff back.... client lists, prospect lists, sample
cards, etc. Tons of information I know that several companies would just kill for.
Sensitive information that should rightfully go back to him. However, I told him that
I would not return his stuff until I received my severance and the money for the
phone charges incurred. When I last spoke to him, he seemed to think I was going to
simply send everything back right away before getting my final pay and expenses. I
never agreed to this... but anyone who's dealt with him knows what he's like.

Now a week has come and gone and he's not sent what he said he would. I'm sitting
here with all his stuff boxed up ready to go. I am NOT sending it back until he sends
the money. What to do? Anyone? Elsa... you especially, working in a law office. What
can I do? Mike, having had employees... large numbers of them. Advice? I will tell
you that I believe the box is worth a lot more than the severance and phone charges
put together.
--------------------
Laurie@tantalk.com

Background:

Laurie (Black) Huber AKA Bronze Star was hired as a 1099 independent contractor by
Soakin’ Up The Rays, Inc. on October 1, 2001 to make phone calls to current and
prospective customers of Soakin’ Up The Rays, Inc. with the goal of providing customer service and making product sales being paid a salary for her time and a commission on her sales. She was instructed to have a new phone line installed in her home for her business use of Soakin’ Up The Rays, Inc. as well as an toll free phone number for customers to contact her at my expense. I agreed that I would pay for the phone calls to and from Soakin’ Up The Rays, Inc. Customers and Prospective Customers.

The only measure of her performance for my company was the number of calls she made
and the sales that resulted from those calls. How many calls did I expect her to make. When I worked for ETS as a regional marketing manager, I made between 100 to 150
outbound calls a day. I know it’s my company and I am a total workaholic ( I average
about 80+ hours a week at my desk, on the phone, or doing training around the country).
But I did expect her to work 8 hours a day making at least 100 to 150 calls a day.

She was terminated for a number of reasons:

1) Not making enough calls.
I gave her a limited list of current customers to call around 500 names on October 9, 2001. When she was terminated on November 2, 2001, she had not completed call that list of 500 customers. 15 days of calling not counting the days she was at the trade show means she was calling less than 34 names a day from that list. The list should have taken her a week not 3 weeks.

2) Not making enough sales.
While she sold for Soakin’ Up The Rays, Inc. her total sales was less than $500.

3) Not exclusively working for my company.
My understanding of our relationship was that she was working exclusively for my
company. I did have a problem with her writing articles for Today’s Image magazine. I have discovered that she was selling banners ads for TanTalk, referring customers to TW Tan with her own personal incentive program (I do that for free because I like them not for any incentive), and who know what else.

On Thursday, November 1, 2001, I discussed with her the fact I wanted her just working
for me. That night she sold a banner ad to Eyepro for TanTalk during a chat session.
When I confronted her about what happen we said as a 1099 independent contractor, I
could not tell her what to do.

She was right, I could not tell her who she could sell for but I do control if she sells for me. Because of the all the points listed above and her attitude in our conversation, she was terminated as a contractor for Soakin’ Up The Rays, Inc. on Friday November 2, 2001.

Because, of her status as a 1099 independent contractor that worked a total of 33 days. I
had no legal obligation to give her any severance pay. She had to EARN the severance
pay I was offering her by:

1) Sending back my confidential records and information
2) Disconnecting the Toll Free Number as instructed
3) Not discussing or posting anything about her employment, myself or my company to
Soakin’ Up The Rays, Inc. Customers or Prospective Customers.

She had received pay for all the weeks she worked. I paid her in advance for each week.
For the Nashville trade show, after I paid for her airfare (Over $600 when mine cost
$200), plus $400 for her expenses (She still has not justified that $400 expense advance
because she has failed to provide me with any recites.)

As far as paying for her phone expenses, here is my problem.
1) When she sold the TanTalk banner on Thursday November 1, 2001 to Eyepro, the
number she gave Brenda to contact her the next day was the Soakin’ Up The Rays, Inc.
toll free customer/prospect contact number. How many other calls to that number or made
by her outbound were for her own personal profit not for Soakin’ Up The Rays, Inc. and
how do I tell?

2) After she was terminated on several TanTalk post after she removed her job title with Soakin’ Up The Rays, Inc., she left the toll free number for people to contact her! That number was intended for Soakin’ Up The Rays, Inc. customers/prospects not her personal business.

3) The toll free number as of 12/2/01 has not been disconnected. it just rings onto a
disconnected local number.

4) As of 11/20/01, the message on that toll free number had a split message giving
Laurie’s personal number for her own profits as well as directing Soakin’ Up The Rays,
Inc. customers or prospects to call me at 800-935-7625.

What have I done to settle this problem, on 11/26/01 I offered to:

“If you would like me to pay for your phone bills.

1) You must provide me with copies of the bills so I can determine the amount I owe for
your business calls for my company during the period of your employment with Soakin’
Up The Rays, Inc.

2) Provide recites for your expenses at Nashville equal or greater than your advanced
expense amount. An amount lesser will be deducted from the phone reimbursement.

Regardless of you wanting me to pay your phone expenses, I expect you today to:

1) To have 877-798-6802 phone number disconnected permanently.

2) You return ship all Soakin’ Up The Rays, Inc. records and property.”

Her response was “No Dice”

In closing, the offer is still open for me to pay for her phone expenses for business calls for my company during the period of her employment with Soakin’ Up The Rays, Inc.
under those conditions. I believe that is only fair to pay the legitimate phone expenses for my company minus any Nashville expenses I do not get a recite for.

Understand, she must return my information regardless! I will not hesitate to prosecute
and/or sue her and/or any person or organization that helps her sell and /or any potential buyer of the confidential records and information of Soakin’ Up The Rays, Inc.

Once again, I did not want this to come out, I did everything possible to protect Laurie
after her termination. I offered her a great deal but she did not do her part. She can only blame herself. To make matters worse, Laurie directly put this information out to Soakin’ Up The Rays, Inc. customers and prospects in the TanTalk forum which could effect their relationship with my company.

I must protect myself and my company from her slander and accusations against myself
and my company.

Now, the truth is out in the open.

You judge for yourself!



Note: I am putting this post on TanTalk.Com, Suntanning.Com and TanToday.Com to be
fair to all web boards.
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