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2 hours ago, MikeRapp said:

Your Honor, I realize I promised to pay my employees every two weeks, but let me remind you that I am a not-for-profit and therefore the rules don’t apply to me.

If they made promises that they failed to keep, that is bad business - just plain bad.  No argument there.

Where we diverge is over the idea of suing a corps for late payment.  If your pay from a few weeks as 3rd baritone tech is that urgently needed, you really should be looking for work in an industry with steady revenue.

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4 hours ago, dans said:

Still appears as though some on hear are hoping that the Cadets cease operations...sad. Thankfully the Cadets have a dedicated staff of good people who are ignoring the critics and are committed to moving the corps in a positive direction. Kudos to the good people at the helm of the Cadets!

people stupidly expect instant fixes on and off the field. it took years to get YEA in it's current state, it won't be undone overnight unless someone donates millions with one check

Edited by Jeff Ream

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27 minutes ago, cixelsyd said:

If they made promises that they failed to keep, that is bad business - just plain bad.  No argument there.

Where we diverge is over the idea of suing a corps for late payment.  If your pay from a few weeks as 3rd baritone tech is that urgently needed, you really should be looking for work in an industry with steady revenue.

Not only is that insensitive, it's wrong. I'll bet that "3rd baritone tech' was unaware before taking the job that the pay would come whenever it suited the corps best. More than likely that "3rd baritone tech" probably paid their membership fees on time and expected the corps act in similar fashion

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16 minutes ago, Algernon said:

Not only is that insensitive, it's wrong. I'll bet that "3rd baritone tech' was unaware before taking the job that the pay would come whenever it suited the corps best. More than likely that "3rd baritone tech" probably paid their membership fees on time and expected the corps act in similar fashion

A lot to unpack in this post:

a.  Insensitive?  Exactly the opposite.  I am sensitive to the fact that some people need to earn timely pay, and therefore will be better off pursuing employment away from the drum corps activity.  Much as I would rather enjoy the result of their teaching talent, their own needs come first.

b.  Sensitivity goes both ways, though.  Drum corps have wickedly uneven cash flow due to their seasonal operations.

c.  If you can only "bet" whether a staffer was aware that corps have wickedly uneven cash flow, then you have no business declaring anyone factually "wrong".  You do not know the facts.

d.  Staff do not pay membership fees.  (If by chance, you meant that the tech marched in previous seasons and paid membership fees THEN, that also means they have been around long enough to learn a thing or two about how that drum corps operates.)

No 3rd baritone techs were harmed in the making of this post.

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Seriously this is an issue between the employee and employer so drama about how who should feel what.. or something kinda ridiculous.... but....

3rd Bari techs need $$$$ for raw meat to throw to the 3rd Baris.... 🤤

Edited by JimF-LowBari
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A lot of stuff brought up in this thread is...yeah, whatever.  But to brush off not paying someone because they were not actually an employee.....they were a contractor...as if that matters?  What, you don’t have to pay a contractor?  Was that the point?  Hey, if other drum corps are doing this too, as I read here, who are they?  Call them out too!  They should be called out. So who are they?  Maybe these people agreed to or have no problem with a “delayed payment schedule.”  That would be the best situation. These would be the “saint” employees errr contractors. 

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2 hours ago, HockeyDad said:

A lot of stuff brought up in this thread is...yeah, whatever.  But to brush off not paying someone because they were not actually an employee.....they were a contractor...as if that matters?  What, you don’t have to pay a contractor?  Was that the point?  Hey, if other drum corps are doing this too, as I read here, who are they?  Call them out too!  They should be called out. So who are they?  Maybe these people agreed to or have no problem with a “delayed payment schedule.”  That would be the best situation. These would be the “saint” employees errr contractors. 

never said that myself, just explained how sometimes the budget doesn't always fall how you want it when you're owed money

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2 hours ago, HockeyDad said:

But to brush off not paying someone because they were not actually an employee.....they were a contractor...as if that matters?  What, you don’t have to pay a contractor?  Was that the point?

No, just pointing out in some jurisdictions the legal remedies for late pay are different depending on the classification.  Federal law is pretty explicit for employees: late pay is the same as no pay.  

Aaaaanyways, for the Cadets, it does suck, but they're not the first drum corps that this has happened to (heck, they're not the first *this year*, nor will they be the last.)

Mike

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I've seen several posts talking about some corps' staff being "independent contractors".

As I've posted,I run a small company.

You have to very careful designating someone or ones an "independent contractor".

Several of my employees wanted to go that route.

They felt it would help with their taxes.

We found out from our accountants and attorneys it can open up all kinds of potential issues for

the employer.

We were told that, even if classified as an "independent contractor",if their duties are the same as any other employee in the same job category,they are still an employee  "Walks like a duck . . ".

In our case it wasn't worth the risk.

 

 

Edited by rpbobcat

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As Miss Anne Elk would say...Yes my word you may well ask what it is, this theory of mine. Well, this theory that I have--that is to say, which is mine...is mine.

 My guess (theory?) is that in the supposed example of the 3rd Bari tech, said individual was advised his/her services weren't needed anymore a while ago, and hopefully gained employment since then. Could this 3BT possibly figure on riding the wave of remaining payments for any extended time without other income? I highly doubt it. Unless we're talking about some higher level admin, the dollars probably aren't life-sustaining.  

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