What is the name of your state?
Georgia
A "part time personnel agreement" contract was totaly breeched when the supervisor of a pool management company "demoted" the pool manager/head lifeguard to lifeguard and when promised swimming lessons to pay $12.00 per student per lesson were not offered due to the abscence of the detail in the contract with the country club. The total I am suing for is $15000.00, the maximum under small claims magistrate court in this county. Below is the complaint filed with the suit.
DO I HAVE A CASE?
Please advise.
[email protected]
706 602 4710 home phone
thank you !
Complaint
USA Pools contract/personnel agreement insures Michael Helton a position as Pool Manager/Head Lifeguard for the summer season of 2005, paying $10.25 / hour. The contract also insures that swimming lessons will be taught at a rate (verbally agreed to between Michael Helton and Melissa Cuff, the secretary at USA Pools corporate office) of $12 - $14 per student per lesson.
The contract was first dishonored on about May 23 when Kenny Lanier informed Michael Helton that swimming lessons at Fairyland Club would not be taught, due to the club having their own coach who teaches their swimming lessons. This was confirmed in a phone conversation with Eric Papendorp the General Manager of the club. Kenny Lanier stated that the company did not realize that the club would not need to have lessons taught by USA Pools staff at the time that Michael Helton signed his contract. The credibility of Melissa Cuff is not reliable because she promised that swimming lessons would be a part of Michael Helton’s duties during his contract, without knowing that the company’s contract with Fairyland Club did not include lessons. The owner or manager of USA Pools named John (last name unknown) was also witness to the agreement of the amount to be paid for swimming lessons.
The contract was again dishonored on May 31 when Kenny Lanier, the regional manager, demoted Michael Helton from Pool Manager at Fairyland Club Pool in Lookout Mountain Georgia to lifeguard.
The contract was again dishonored when on June 2 Kenny Lanier informed Michael Helton that he was no longer needed to work at Fairyland Club, and that he did not know of any other pools that were in need of staff. This was said to be because of a complaint by Eric Papendorp, the General Manager at Fairyland Club. Michael Helton requested that Kenny Lanier make an effort to find another position at any pool in the Southeast US. In a phone conversation on June 3 Kenny Lanier informed Michael Helton that he had not checked with other managers to find another position and that he would be better off to look for a position with another company. Kenny Lanier was asked for a reason that USA Pools was failing to uphold the contract with Michael Helton and responded by saying that he did not know of any reason and that the decision was his alone. This speaks to the credibility of Kenny Lanier showing that he is unreliable as a witness, since he told Michael Helton conflicting stories about his power to keep Michael Helton in his original position.
Michael Helton, during his approximately one month of work for USA Pools performed in the most professional manner possible as an American Red Cross head lifeguard and pool manager. He upheld the requirements listed in the contract including : “ be honest, ethical and devote best knowledge and skills in performance of duties.”
Two safety issues were addressed by Michael Helton during the first two days of the opening of the pool. One was that the club’s rules allowed children 10 - 15 years of age to be present at the pool without adult supervision. The other was that the club’s rules allowed members to have non-swimming children as young as newborn in the shallow end (3 feet deep) of the pool without floatation devices. The pool has two other sections that are designed for infants and toddlers who cannot swim. Eric Papendorp contacted Kenny Lanier and stated that if Michael Helton insisted on enforcing rules to the contrary of the established (unsafe) rules of the club that he would not work out as a manager of the pool. Kenny Lanier stated to Michael Helton that Eric Papendorp was his boss as far as the club was concerned and that Michael Helton should have a talk with Eric Papendorp to apologize for his misunderstanding of the rule issues. Michael Helton did this and Eric Papendorp stated that he did not want to fight with Michael Helton. After he apologized to Eric Papendorp Michael Helton was under the impression that there was no longer a problem and that his position as pool manager was secure.
On May 31 Kenny Lanier informed Michael Helton that he “was not getting through to him” and that he was making Brandon Smith the pool manager in place of Michael Helton. This was explained to Michael Helton as due to a mistake that he made dealing with adding (having added too much granular chlorine) chlorine to the infant and child’s pool. Previously Kenny Lanier had stated that he did not know what Brandon Smith was talking about after he had said to Michael Helton that Eric Papendorp was considering making him a manager too and that Melissa Cuff had told him the same. Later in that day Brandon told Michael Helton that he had just wanted to tell Eric Papendorp that Melissa Cuff had said that she was interested in the possibility of making him an assistant manager and that he was interested in the position. This speaks to the credibility of Brandon Smith, showing that he is not credible as a witness.
The credibility of Sean Legg, the assistant to Kenny Lanier is not reliable. While working at the pool located at Bradshaw Farms, Woodstock GA, Sean while in an (self admitted) irate state adamantly accused Michael Helton of lying about having vacuumed the pool. The bottom of the pool was dirty after being vacuumed the previous day due to a rain and wind storm the previous night.
All of the employees of USA Pools mentioned in this complaint, as well as Eric Papendorp, Dennis (last name unknown) who is the grounds manager at Fairyland Club, another worker at the club who is under Dennis, Dottie Chapin who is a lifeguard at the club pool, and any other people who may be necessary all may be called and subpoenaed as witnesses in this case.
Georgia
A "part time personnel agreement" contract was totaly breeched when the supervisor of a pool management company "demoted" the pool manager/head lifeguard to lifeguard and when promised swimming lessons to pay $12.00 per student per lesson were not offered due to the abscence of the detail in the contract with the country club. The total I am suing for is $15000.00, the maximum under small claims magistrate court in this county. Below is the complaint filed with the suit.
DO I HAVE A CASE?
Please advise.
[email protected]
706 602 4710 home phone
thank you !
Complaint
USA Pools contract/personnel agreement insures Michael Helton a position as Pool Manager/Head Lifeguard for the summer season of 2005, paying $10.25 / hour. The contract also insures that swimming lessons will be taught at a rate (verbally agreed to between Michael Helton and Melissa Cuff, the secretary at USA Pools corporate office) of $12 - $14 per student per lesson.
The contract was first dishonored on about May 23 when Kenny Lanier informed Michael Helton that swimming lessons at Fairyland Club would not be taught, due to the club having their own coach who teaches their swimming lessons. This was confirmed in a phone conversation with Eric Papendorp the General Manager of the club. Kenny Lanier stated that the company did not realize that the club would not need to have lessons taught by USA Pools staff at the time that Michael Helton signed his contract. The credibility of Melissa Cuff is not reliable because she promised that swimming lessons would be a part of Michael Helton’s duties during his contract, without knowing that the company’s contract with Fairyland Club did not include lessons. The owner or manager of USA Pools named John (last name unknown) was also witness to the agreement of the amount to be paid for swimming lessons.
The contract was again dishonored on May 31 when Kenny Lanier, the regional manager, demoted Michael Helton from Pool Manager at Fairyland Club Pool in Lookout Mountain Georgia to lifeguard.
The contract was again dishonored when on June 2 Kenny Lanier informed Michael Helton that he was no longer needed to work at Fairyland Club, and that he did not know of any other pools that were in need of staff. This was said to be because of a complaint by Eric Papendorp, the General Manager at Fairyland Club. Michael Helton requested that Kenny Lanier make an effort to find another position at any pool in the Southeast US. In a phone conversation on June 3 Kenny Lanier informed Michael Helton that he had not checked with other managers to find another position and that he would be better off to look for a position with another company. Kenny Lanier was asked for a reason that USA Pools was failing to uphold the contract with Michael Helton and responded by saying that he did not know of any reason and that the decision was his alone. This speaks to the credibility of Kenny Lanier showing that he is unreliable as a witness, since he told Michael Helton conflicting stories about his power to keep Michael Helton in his original position.
Michael Helton, during his approximately one month of work for USA Pools performed in the most professional manner possible as an American Red Cross head lifeguard and pool manager. He upheld the requirements listed in the contract including : “ be honest, ethical and devote best knowledge and skills in performance of duties.”
Two safety issues were addressed by Michael Helton during the first two days of the opening of the pool. One was that the club’s rules allowed children 10 - 15 years of age to be present at the pool without adult supervision. The other was that the club’s rules allowed members to have non-swimming children as young as newborn in the shallow end (3 feet deep) of the pool without floatation devices. The pool has two other sections that are designed for infants and toddlers who cannot swim. Eric Papendorp contacted Kenny Lanier and stated that if Michael Helton insisted on enforcing rules to the contrary of the established (unsafe) rules of the club that he would not work out as a manager of the pool. Kenny Lanier stated to Michael Helton that Eric Papendorp was his boss as far as the club was concerned and that Michael Helton should have a talk with Eric Papendorp to apologize for his misunderstanding of the rule issues. Michael Helton did this and Eric Papendorp stated that he did not want to fight with Michael Helton. After he apologized to Eric Papendorp Michael Helton was under the impression that there was no longer a problem and that his position as pool manager was secure.
On May 31 Kenny Lanier informed Michael Helton that he “was not getting through to him” and that he was making Brandon Smith the pool manager in place of Michael Helton. This was explained to Michael Helton as due to a mistake that he made dealing with adding (having added too much granular chlorine) chlorine to the infant and child’s pool. Previously Kenny Lanier had stated that he did not know what Brandon Smith was talking about after he had said to Michael Helton that Eric Papendorp was considering making him a manager too and that Melissa Cuff had told him the same. Later in that day Brandon told Michael Helton that he had just wanted to tell Eric Papendorp that Melissa Cuff had said that she was interested in the possibility of making him an assistant manager and that he was interested in the position. This speaks to the credibility of Brandon Smith, showing that he is not credible as a witness.
The credibility of Sean Legg, the assistant to Kenny Lanier is not reliable. While working at the pool located at Bradshaw Farms, Woodstock GA, Sean while in an (self admitted) irate state adamantly accused Michael Helton of lying about having vacuumed the pool. The bottom of the pool was dirty after being vacuumed the previous day due to a rain and wind storm the previous night.
All of the employees of USA Pools mentioned in this complaint, as well as Eric Papendorp, Dennis (last name unknown) who is the grounds manager at Fairyland Club, another worker at the club who is under Dennis, Dottie Chapin who is a lifeguard at the club pool, and any other people who may be necessary all may be called and subpoenaed as witnesses in this case.