"There Are Some Customers You Really Don't Want to Keep?!!"

[pitzerwm]

IMO if the "dryer" had his own business license and could come and go as he wanted, that would work. Probably not a workable business plan.

This is why all car washes in California have to register and pay yet another tax, because of the abuse of the states labor laws. As usual it did nothing to solve the problem, it just screwed the legit owners.

 

[Earl Weiss]

There is a difference in "renting" a "space/job" and having people on the payroll working for tips only.

The IRS' trick is in the contract. If I remember right, in the contract, it is clear that you are not in control as to when they are to be there and a few other things. There are 21 items that the IRS require to make a difference between an employee and an independent contractor.

.

First of all we need to distinguish between state and Federal Law. States may have so many different regulations that it is impossible to comment on what may or may not be the situation.

Next, if you don't pay someone anything they are most definitely not "on the payroll, so, they can't be "on thepayroll and working for tips only."

Next, there is a difference between, employee, independant contractor, and someone who is in business for themselves whom you have no direct realtionship with.

As you indicated there is a list of factors centering around control to determine if someone is an independant contractor and employee. But, an important thing both have in commen is the source of the compensation, The business pays money dirctly to both. In the case of people hanging around and soliciting tips directly from the customer, with regard to the business are neither employees or independant contractor since the source of the compensation is directly from someone other than the business. I will responfd further in a followup post.

 

[Earl Weiss]

I think that one of the standards is that in order to be considered an independant contractor you have to a professional or have some kind of license. A hairdresser has many hours of education and must pass a test to be licensed. A stripper can work at many different clubs and only work when she wants to. Drying off cars at a carwash would probably not fall under the catagory of independant contractor.

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Are you suggesting that the Stripper has to be a "Professional" or have a license?

In Taylor Boulevard, Inc. V United States
http://www.woodporter.com/Publications/Articles/pdf/Exotic_Dancers_Win.pdf

the IRS had determined Dancers were employees. The business made no payments to the Dancers. The dancers retained all proceeds from dances. The dancers paid the business rent as a portion of their income. The court held that the business treatment of the dancers as non emplotyees was proper.

So, there is an example upheld by the court where the people were neither employees or independant contractors as it pertained to theri relationship with the club. (They were independant contractrors as it related to their interaction with club patrons.)

 

[rph9168]

Earl,

How do you know so much about strippers?

 

[Earl Weiss]

Earl,

How do you know so much about strippers?

Only what I read about in the legal publications

 

[wader]

WOW

After reading the above posts all I can say is "WOW". Here in Canada we have a different view on our customers as do they to us business owners. We take all Mudders, Oil, Grease, etc. And the funny thing is, WE clean up after them. That would be the day when I put up a sign that says "LEAVE THE BAY CLEAN". We have attendants that clean the bay after every wash, its something that the customers expect. I always wondered how you guys kept your bays clean without having an attendant....your customer is the attendant! Great concept, but would never fly here.

Up here I beleive that our .85/min is a lot higher than most of yours. This gives us the luxury of having attendants, and being able to keep up with the waste disposal that gets left in our bays.

Of course we get those customers that are very hard to please. My solution to the problem is to always work WITH them. The last thing I want is for that customer to go and tell all their friends that I messed up the paint on their vehicle. Now this does'nt mean that I'm going to pay for a paint job. I will do whatever I can to make sure that customer does not leave my business MAD. Even if I know I'm right and she's wrong really is not the issue. I would gladly give out some kind of gift card to help smooth it over, and try to explain how washing with a garden hose would peel her paint (in a nice way).

Start by approaching the customer with trust. While our first reaction might be that she is simply trying to get a new paint job out of us. Well maybe in her eyes its as simple as, card dirty = wash car = paint peeled = car wash must have done it!

Through the years I have come upon many situations like these. You would be suprised at how many angry customers turn into life long customers from simply showing them that you do care...even when they are wrong.

Well, what about the customers that are always ignorant to staff, always bitching and complaining? Thats a different story. These are the customers that we NEED to dump. Not, wish I could dump, or want to dump, but NEED to dump. My staff are trained on how to deal with complaints to ensure that the customer returns, but if it is an ongoing problem with a customer....we break their heart. We actually encourage them to wash at our competition. These are the ones that bring down employee morale, are NEVER satisfied, enjoy causing a scene while our customers and employees are observing.

To sum it up...give the customer the beneift of the doubt before you jump to conclutions and dump them.

Wade