Larry Cable Guy Running More Than Just Cable
The threads of this cable story twist and turn in every direction. Tangled and knotted up so badly it’s difficult to locate the epicenter.
Larry the cable guy was hired by RCN as an independent installer where he happily worked for years. Suddenly Larry loses his job, has no money and then decides to file for unemployment where he is turned down. Seems independent contractors are not eligible to collect unemployment benefits. Larry learns had he worked as a regular RCN employee he would be eligible to draw benefits and receive a weekly pay check. Larry gets an idea and a lawyer who claims Larry was misclassified as an independent contractor when he really should have been an employee. Larry’s lawyer files suit against RCN on Larry’s behalf and oh by the way several other cable guys who also were misclassified as independent contractors. What started out as a story of one individual who lost his job and needed money quickly turns into a class action law suit thrusting a cable installation company into the hot seat. The cable guy story broke in June 2009.
It’s now fall and Larry is in the news once again this time suing Comcast Corporation for the same reason he sued RCN; employee misclassification. Seems Larry had multiple clients err employers in 2009 with RCN and Comcast named as such. This suit is slightly different in that a third party has been added to a complex equation. Triwire Engineering a subcontractor for Comcast is also named accused of bank rolling the payroll for the cable giant. According to Larry he worked as a Comcast installer paid through Triwire from March until August then suddenly fired after TriWire allegedly learned of his suit against his previous employer RCN. This latest lawsuit against Comcast and Tri-Wire is much bigger than a weekly paycheck. The duo is accused of violating the federal Fair Labor Standards Act and Massachusetts’ independent contractor and overtime laws. Should Larry win it could mean a lifetime of paychecks!
With the economy still upside down employers must tread lightly when using independent contractors. Other unsuspecting employers accused of similar misdeeds by copycat contractors include cable giants Cox Communications and Charter along with a multitude of subcontracting entities.
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I have read several articles related to this story. Here is something that needs to be mentioned. Larry did not work for TriWire and was not paid by TriWire as a 1099. He worked for a legal entity that was contracted by TriWire. His employer is Broadband Communications Inc. Someone needs to check there facts. This company was brought in by TriWire to do specific non core business such as undergrounds and commercial work and when there contract was terminated he filed suit for misclassfication.
Submitted on 2009/10/08 at 4:55pm
You’re on the right track on this one. Larry and his attorney can make all sorts of claims but in order to win they must first disprove the communication giant claims that Larry is an independent contractor. The attorney has a long journey ahead building a case that Larry and his fellow installers were in fact employees who were denied worker benefits and protections by these corporations. The attorney will build a case to prove there is not one shred of evidence that Larry was an independent contractor but in fact an employee. If they can prove the employers controlled the relationship by providing training, tools/equipment, when and where the work was performed or Larry’s sole source of income it will be easy enough to declare that Larry is in fact an employee and not an independent contractor. Broadband Communications aka Comcast most likely will try to distance itself from its subcontractors Triwire and the rest. Under no circumstances will Comcast step forward as the true employer. It would be a grave and costly mistake for Comcast to do so and they are content to let this thing play out. Unfortunately Triwire and other subcontractors that provide services to giants like Comcast get caught up in the middle of a bad situation. Remember the workers are also caught in the middle. They have financial woes and the money is what drives them to stand their ground and claim to be an employee. The other side of the coin is the “employer” or the company that hired them to do the work has money woes as well. Should the company lose and Larry is found to be employee heavy fines and penalties for worker misclassification can be financially devastating. Don’t forget the win will create more situations and there will be hundreds if not thousands of other installers who are in the same boat as Larry!
So then the question must be asked: Was Larry a W2 employee of Broadband Communications Inc. or was he working as 1099 Independent Contractor through Broadband Communications Inc. in which Broadband Communications Inc. sourced him out on jobs.
If he was a W2 employee, the unemployment claim should be attached to Broadband Communications. If he was an IC, the question remains as to whether there were enough control factors exhibited by Broadband Communications to which misclassification can be proved.
Of course, none of these companies would be in the position of having to defend themselves if they had a partner company willing to do their due diligence in ensuring compliance to begin with. A penny of prevention is worth a pound of defending yourself in court…or however that axiom goes.
Looks like Larry, his attorney, Broadband Communications, Triwire, Comcast, and RCN are all going to be chasing each others tails for a while trying to determine his true status…where as the truth of the matter is, Larry the Cable Guy isn’t all that funny!!!
Well, there is a case already decided in Federal Court here in Florida, Parrilla v. Allcom Const. & Installation Services, LLC, the judge sided on the installer as an employee and he layed it out. Google it an you will find it quit interesting.
Also there are two possible third suit. Bright House Networks and Knight Enterprises the prime contractor in the Tampa Bay area. Out of the 4 primes in this area Knight seems to operate the worst, about 10 people are on the suit and more are joining. Knight has blackballed all the named techs and none can find work in the area. Im sure its going to be the same as larry the cable guy, every job these guys get im sure Knight will be calling and telling them HEY HES GONNA SUE YOU TO. Its a nasty game of getting even. But if your breaking the law then your breaking the law and shouldnt blame the guys who turn you in.