TRANSCRIPT OF 8-02-04
At the Offices of SkyCar Inc. and Metropolitan Express
Between Gary Robinson and Laura Nelson
Time on or around 11 A.M.
(discussion about fluids in the vehicle)
LN Any Charges?
GR: No.
LN: OK, 119.40
LN: May I have your gas receipt. Did you top it off.
Ln: (calculating the MPG on vehicle 502)
LN: 15mpg. Not bad this car is getting better mileage…
GR: Well I went down to Union Station and Mulhuland Dr..
So most of the miles were on the freeway.
LN: (counting) I owe you 60 cents.
LN:. I’ve got a question. Wait Wait Wait ! What is this Gary?
I got this in the mail. – Ruth gave it to me.
What is that?
GR: Let me see.
LN: You went to the Labor Board.
What does it say? So that I can respond to it? Or so that Ruth can respond to it.
GR: It would be you right?
Don’t you own SkyCar now?
LN: No. Ah It doesn’t mater what I own.. What is this?
GR: This is for not paying minimum wage.
LN: Minimum wage.
GR: Yes.
LN: But you guys are…
GR: Independent contractors?
LN: Right. And I’ve been looking at your waybills and you’ve been making way above minimum wage.
GR: Not from what I’ve been calculating.
LN: Way above. Why are you doing that?
GR: Because from what I’ve been computing, it shows less.
LN No it’s not. Did you show documentation to them? For the month…
GR: Yes. It would be the last 3 to 4 years.
LN: Well. With independent contractors…
GR: With Independent contractors, it doesn’t matter. The Labor Code only applies to employees.
LN: Well. You’re not an employee: You’re and independent contractor.
GR: Then that would be your answer.
LN: (calculating today’s hourly wage.)
GR: Today would be over minimum wage. But this would be one of the few days.
Well I’ve been getting below minimum wage most of the days.
I’ve had some days where I made thirty bucks for the whole day.
LN (calculation)
GR: You keep all the waybills, Right?
Today would be over minimum wage.
This is actually the highest day I’ve ever done.
I don’t think I’ve ever gotten over 200 dollars.
LN: Oh no. Especially on the weekends.
GR: On the weekends? I’ve only worked a couple weekends.
This is over, but it counts for more than just today.
LN: So in other words if you make over minimum we should take that away from you.
In that way we should only pay you minimum. Right.
GR: No. I think they do it by averaging over a week.
LN: (calculating) you made almost 13 dollars an hour cash.
GR: You forgot to subtract off 20 dollars for gas.
LN: No. With independent contractors, you…
GR: If its an independent contractor then this doesn’t apply.
LN: OK. All right I’m going to have to check this out. And until I do, I’ll call you when I have an available car.
GR: So you’re terminating me then?
LN: No. 502 in not going to be on the road any more.
GR: OK. So I’m not working any more?
LN: I will call you. I have to research this to find out what the problem is.
And what’s going on because I was under the assumption that every thing was Copa cetic
GR: Do I get my 500 dollars back? The deposit?
LN: You’ll have to talk to Ruth?
GR: What do you mean. You’re running it right now.
LN: I… I don’t own SkyCar. Ah Ah Ruth does. … So you’ll have to call her. I’ll have to get with her.
And all the documentation. And then I’ll call you.
GR: You have nothing to do with SkyCar?
LN: I’ll talk to you later Gary about it.
GR: As far as you’re concerned I’m terminated.
LN: Call me in a couple of days. after I research the documentation. I don’t know what’s going on.
GR: Call me and leave a message on my machine then.
LN: Call me in a couple of days. It’ll take me that long to pull you’re file and talk to Ruth to find out what’s going on here.
GR: Well when you make a decision call me and leave a message on my machine.
LN: Well just call me in a couple of days. And if I find out anything sooner I’ll call you all right.
GR: OK then Wednesday then?
LN: Yes, I should know what’s going on by Wednesday.
GR: So. Wednesday you’ll be able to tell me.
LN: I’ll let you know your status on Wednesday.
GR: OK.
(GR walks away)
(Wednesday, August 4th, 2004 at the Office of SkyCar)
GR: Looks like 502’s on the road.
LN: Gary
GR: It’s Wednesday.
LN: OK. I told you to call me.
GR: I’m calling you right now.
LN: I’ve not been able to talk to Ruth about this.
GR: You’ve had two days.
Am I coming back to work tomorrow.
LN: No. You call me…
GR: I’m not going to call you in another day. You make the decision today. If you don’t…
LN: If I can I will. I told you to call me in a couple of days.
GR: This is a couple of days.
This is Wednesday, I’m calling.
LN: Nothing has been resolved yet.
GR: OK. Then I’m going to the unemployment office and say that you terminated me.
If you call me back later and reinstate me fine. I’m not going to consider this to be an indefinite suspension.
LN: You are under investigation. We have to find out what the heck is going on. I have no clue.
Ruth has your file.
GR: You call me if you want to reinstate me, otherwise I consider this a termination.
LN: No.
GR: All right.
(GR walks away)