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ARS FRAUD

e-mail write to:TheARSBigCON@live.com

From:
Jeffrey P. Barrett Cell 857-540-1755
7 Longfellow Rd Wellesley Hills, MA 02481

To:
Martha Coakly: Attorney General
The Commonwealth Of Massachusetts Office of the Attorney General
Fair Labor Division
One Ashburton Place Boston, Massachusetts 02108

JEFFREY P. BARRETT; Plaintiff
7 Longfellow Rd. Wellesley Hills, MA 02481 Cell 857-540-1755
V.S.
AMERICAN RESIDENTIAL SERVICES, LLC, Defendant
AKA: ARS
JAKE MAZHAR; Owner, Mr. KARNES, CEO, ARS LEGAL DEPT. MIKE EBERLE; ARS BOSTONWOBURN MANAGER, JAY JEFFRIES; ARS H.R. Pres. ARS REP; DWAYNE RAPSON, PHILLIP LOVELL, ANDY DEPITRE’, GESSELL CLARKE
965 Ridge Lake Blvd. Suite 201 Memphis, TN 38120
Local Office: 24 Normac Road Woburn , MA 01801
(781) 460-2089…(978) 372-2232
Defendants

COMPLAINT

The Plaintiff, Jeffrey P. Barrett, worked for ARS: American Residential Services; [ARS] as a (Sales Support Associate); SSA from May 15th, 2008 until he was fired on Saturday March 14th, 2009. At the time Mr. Barrett had hired two law firms and written several e-mails to ARS Corporate Offices and the local Woburn ARS office summarizing lost wages and fraud by the company toward it’s SSA’s including Jeffrey P. Barrett, April Havey and James (Jay) Tobin the initial lead generators that helped ARS Boston sell $3.5 million in HVAC equipment for 2008-2009.
Jeffrey P. Barrett was not fully paid for his Wages, Commissions, Overtime for Sundays, he is owed a Scheduled 3 days Vacation, expenses for performance of job according to written notice and budget $3,350.
Jeffrey P. Barrett and April Havey are owed negotiated bonuses of $1,000 for March negotiated with Corporate Representative, Dwayne Rapson, who flew up to Woburn to settle some wage issues and hear our wage complaints and charges of fraud. The 1st $1,000 negotiated for February was paid but nothing since. Half the month of March was worked by Mr. Barrett and $500 in bonuses are still owed to date.
Further Mr. Jeffrey P. Barrett was required to attend weekly, and at times Bi-weekly Corporate meetings or Product Training meetings at Suppliers Company Locations, Trane, Bryant, and Air Purchases not at his regular place of business; which was in the Watertown, MA Home Depot Store or the Natick, MA Home Depot Store.
On being notified of his Firing Mr. Jeffrey Barrett was not paid within the required 24 hr. period but over a 2 week period.

During his employment at ARS there were 5 pay Period shifts of the day to be the beginning of the week with NO Notification except once of a One Day Notice. Each time monies were lost as days disappeared from the calendar. $100 each time.

Mr. Jeffrey P. Barrett CLAIMS that American Residential Services defrauded himself and all fellow ( SSA’s) Lead Generators in the Greater Boston/Woburn Office’s Home Depot Stores; from their rightful commissions by lying, cheating, hiding of sales, sales information, sales lists, lead lists and leads coming from the Home Depot stores that were are LEAD Generation Territories and saying our leads came from the National Grid Gas Co’ leads also and sold through that Gas Co. lead instead. They stole monies from us and Bob Lowe their ARS Salesman assigned to the Home Depot sales. On many occasions Bob Lowe would tell me of sales and installations of equipment of my customers and his only to be denied later of payment because of the ongoing scheming scams of shifting lists of customers and the double biddings. ARS, at the same time by this scheme was defrauding Home Depot from many sales and their 6.5% sales commissions. They did this by offering lower prices through the National Grid Lead generating system thru their own Gas Co. salesmen Andrew Depitro’.







COMPLAINT


American Residential Services is a Wholly Owned Privately Held Company based in Memphis, TN and is worth $600 million with 800 Employees Nationwide. There are currently 70 Lead Generators assigned to the over 200 Home Depot stores that ARS services for Heating and Air Conditioning Systems, Sales and Installations. ARS and Home Depot are looking to be partners until all 2,500 stores are covered in HVAC sales with Lead SSA generators and installations and sales forces nationwide. Last year 2008 ARS generated $14 million in sales of HVAC for Home Depot.
When they arrived in the Greater Boston Area they bought an HVAC company in Haverill, MA owned by Andrew Depitro’ and his father. Andrew Depitro’ was retained as a salesman etc and their company was CLIMATE ZONE and that name was often used in answering calls from ARS and Home Depot customers.
Michael Eberle was the ARS Office Manager and we confronted him about the fraud of sales and the lack of sales and commissions information. Jeffrey Barrett reported the fraud to the ARS Human Services Office Director, Lori Edwards, in Memphis, TN on several occasions when disputing the days of week payroll shifts when I lost $100 each time it occurred, and to the Corporate and Legal Offices of ARS.
The three main ARS, SSA’s (Lead Generators) in the Greater Boston Home Depot stores generated 2, 500 leads by mid July 2008 and there were virtually no sales for us or Home Depot. NONE! Home Depot store Manager at Watertown, MA, Mr. Bill Shea, was livid and so were the other Home Depot managers and ARS was about to be thrown out of these stores. “ How can there be NO sales with 500 leads for my store. This will not stand.” he said.
COMPLAINT

Jeffrey Barrett, April Havey and Jay Tobin as lead generators were all on Commission with NO reports of leads or sales or any customer responses to date. We had demanded a commission with our base pay of $12 per hr. because Mike Eberle, ARS Boston/Woburn Office Manager had said he was having trouble hiring Salesmen and that he didn’t want to overwhelm the installation plumbers crews until they had hired more installers. We were just growing Mike Eberle said. He said I’m throwing the leads in the trash bucket. I do not want to open the flood gates yet.” But what they were doing was telling customers to go get a bid from the Gas Co at National Grid and call them back for a quote after that. He didn’t want to be the 1st quote he said but what they were doing was selling $200,000 in Gas HVAC equipment and installing it while building his crews in the month of June. In July $300,000 Gas Co. equipment was sold and installed, and $500,000 in August and another $500,000 in September. Many of the Home Depot customers were stolen and double bid or just out right taken from the Lead Generators Home Depot lists and changed to the Gas Co. lists in our office to hide sales form us and Home Depot until I blew the whistle to our suppliers and Home Depot local store managers and in confronting our Human Resources officials Lori Edwards in Memphis, TN and in confronting Mike Eberle and ARS President, Jake Mazhar

ARS came to open the Home Depot stores with a HUGE CON already operational that they play in Atlanta, Georgia and Memphis TN, the ARS company came to the Greater Boston area fully prepared to deny its own employees all and any commissions and as well Home Depot it’s commissions in any and all manner of ways that they had already devised in the Southern Atlanta Georgia and Memphis, TN operations.

COMPLAINT

Our Commissions did not start until we each reached a $40,000 minimum and now it is clear that not anyone of the current 70 SSA Lead Generators except one or two on occasion ever reaches this goal in their entire operation all by deliberate and by many tried and true devious means. They double low bid the Home Depot leads, they deny we generated leads and say they came from outside the store through Home Depot’s 1-800 numbers etc. and they shift the sales to when paid or installed or generated covering 2-3 months and separate monthly totals of monies so no one reaches the $40,000.

· ARS HVAC in Boston/ Woburn Sales for the Year 2008 were total $3.5 million, starting in May, not bad but should have could have been $11 million IF they sold our leads from Home Depot stores.

· $700,000 in sales from all Greater Boston Home Depot stores 4-5 Stores covered at the time.


· $1.7 million in sales from National Grid GAS
Sales

· $1.1 from other sources Climate Zone etc.


COMPLAINT

Jeffrey Barrett claims that all the sales $3.5 million should be counted as Home Depot Sales under Territorial in nature and commissions split with he, Jeffrey P. Barrett, and April Havey and James Tobin the main Lead Generators for ARS because of the massive fraud done to both parties by ARS. Home Depot also should receive their 6.5% for all sales ARS closes in the greater Boston area due to the massive Fraud done to them here and around the country, totaling 10’s of millions if not 100’s of millions of dollars.
Jeffrey P. Barrett, April Havey and James Tobin are CLAIMING DAMAGES of $150,000 each beyond the commissions and wages due for the practices ARS did to us and in besmirching our reputations and shortchanging incomes possible during this time we could have earned elsewhere.

Jeffrey P. Barrett, and April Havey and James Tobin have all their sales leads that they faxed to the company and I, Jeffrey Barrett ask the Attorney General Martha Coakly to request of ARS the lists of all leads, their phone qualifying designation and all lists of salesman QUOTES for all areas of the ARS/ Climate Zone Company so we can see the depth of the deception and double bidding that went on. Including Names, Streets towns store, zip codes and phone messages taken and given with all bids, quotes responses and sales or lack their of.

Mike Eberle, as the Boston/Woburn ARS Office Operations Manager and his office staff stated on many occasions that they were not running any of the Home Depot leads. They were telling them to get a Gas Co. bid and get back to us. Many times they did not call them, and after July when the price of the Oil went up to over $4.00 a gallon our leads were 80% Gas Equipment bid requests. But still NO Home Depot sales and no sales reports to any of us, lead generators or Home Depot. They were COOKING the BOOKS and sales where through the roof but not of any of our leads so both Home Depot and us were defrauded month after month.

Historically Home Depot had generated about 9 leads per month on their own per store, we were doing more than 16 per day. And extra leads were coming in on the Home Depot system from all areas generated from customers in and out of the store. The 1-800 number, the Customer Service Desk and the Pro Service desk and with their own in home services lead generators for our HVAC products. 1,000’s of leads unattended to OR sold under the Gas Co leads stolen from us and the Home Depot leads. WE HAVE PROOF.
In One ARS Lead report 5 SSA Lead Generators generated 150 leads for December and in the Home Depot Stores we caused another 350 Leads to come into those same stores that we did not get credit for.
500 leads and ARS manager Philip Lovell said there were NO sales from that month. None for Home Depot. We know this to be a lie. We have proof of many double billing episodes and claim massive fraud on us and Home Depot. In December Bob Lowe said I had a $13,000 and $15,000 sales and installs that he sold., but neither this salesman nor I were credited for these two or many others.
Jeffrey P. Barrett requests a criminal investigation as well as wage damages and a refutation of the $40,000 base limit before any commissions are do us and we expect it reach nationwide and that by a Class action civil and AG Criminal Fraud case that all 70-800 ARS employees be properly paid under regular commission definitions and that this $40,000 non commission limit be removed, struck down, overturned and payments be made to all damaged parties of All employees nationwide at ARS by such scheming. Any sale should have a commission for it based on a dollar amount or % amount and we claim a territorial right to towns near each store of all sales so this fraud can be stopped.

Nationwide and especially in Massachusetts we, ARS employees, including Jeffrey P. Barrett were not paid overtime for any Sundays which are mandatory days of work. ARS claims we are sales and not retail so we are due nothing for Sunday overtime pay.
We are $12 an hour employees with little to no commission monies and we are sales support and only talk to customers about how they can save money with new HVAC systems, and then take their names and numbers for a telephone call by the office. We are not salesmen. I am due back wages for time and a half for all Sundays 8 hrs.
From May15th 2008- March 14th, 2009 see attachment for $ numbers.

I will include an E-Mail I sent to the entire ARS Corporate structure outlining the Fraud and commissions owed me and Home Depot.





COMPLAINT

I was promised 2 payments of $1,000 each, One due Feb 31, 2009 and one $1,000 due March 31, 2009 because of this e-mail. Dwayne Rapson flew up from Memphis, TN to hear my complaints for the Corporation and CEO Mr. Karnes. He, Dwayne Rapson, felt this would be the last of any requests for commission monies from the past due me. I did not consider this settled and had lawyers looking at the matter and requested more access to lead and sales lists just weeks after which some were provided by Office Manager Phillip Lovell and ARS Lead SSA Manager Gessell Clarke and Andy Depitro’ head of sales all who wantonly participated in the double bidding and list switching frauds.
They only paid the 1st $1,000 February Bonus then fired me after I requested to see all lists on the company computers and they showed me many but not the double bidding quotes which I asked had they participated in? They all denied doing such things saying it would be an illegal act. They all lied.
Mike Eberle lied, this former ARS Boston/Woburn Operations and Office Manager now has left the company because he was denied the pay he was promised by owner Jake Mazhar.; Corporate Representative: Dwayne Rapson lied about the ongoing frauds Also the current Office Manager sent to get us under payroll control in Boston; Philip Lovell also lied about company wide great commissions paid to many of the 70 SSA lead generators and of the deliberate fraud and Andy Depitro’; salesman and owner of Climate Zone a division of the Greater Boston ARS operation, and SSA Lead generator Manager; Gessell Clarke lied to me and to April Havey about the fraud. Gessell Clarke stated to April Havey “you had turned in a Home Depot lead and we are only going to pay you the $5 lead not the sales commission due you because it actually went to bid through the Gas Co, National Grid lead system and sold for less so you get nothing and Home Depot gets nothing. Then we started to check all our past Leads against the several but not all in hand lists and sales and found many more fraudulent double lower biddings to cut us and Home Depot out of our rightful monies.

We need the entire Salesman quote lists and the entire lists of all leads of the entire operation and the separate lists of the entire Home Depot leads, and the SSA leads and National Grid and Climate Zone lists to compare the entire fraud of several millions in sales that commissions are due to us on and to Home Depot.





We are claiming $150,000 each in damages for this fraud.

We are, Jeffrey P. Barrett, April Havey and James Tobin are each due and claim individually LOSS COMMISSIONS WAGES from Fraud $40,000 each, on the total $3.5 million in ARS sales for 2008.






REQUEST for a CIVIL CASE to PROCEED with personal LAWYERS by the MA Attorney General Martha Coakly.
We Request that we be allowed, Mr. Jeffrey P. Barrett requests that he be allowed with (April Havey and Jay Tobin) to pursue a civil case with, (their) his lawyers from 1 State Street, Boston, MA Jeffrey Petrucelly, Esq. and Nathan Theisman, Esq. and other Law Firms if needed including but not limited to Dennis Brown, ESQ. Framingham, MA and or a national or local CLASSS ACTION SUIT













DAMAGES

LOST Wages Due for Sunday overtime illegally not paid: Denied by ARS

May15th, 2008- March 14th, 2009

4 Sundays worked X 7.5 months at 8 hrs.
½ of $12.00 hr rate not paid due.
240 hrs. X $6.00

Total $1440.00




March 2009 BONUS PROMISED $1,000 by ARS REP Dwayne Rapson Due half…
$500.00





WAGES and EXPENSES due for Training and Corp. Office meetings not at regular working locations.

June, July 2008 weekly meetings and training in Woburn.
8 total
Aug, Sept, Oct, Nov, Dec, Bi-monthly meetings Fridays 2nd and 4th.
10 total
Jan, Feb 2009 Bi-monthly 2nd and 4th week Friday.
4 total

Total meetings 22
I live in Wellesley, MA and need to take the 5:58 AM MBTA Commuter Train to South Station $5.25 , the Red Line to Park $1.50 to make the last of the AM # 554 or 555 Express Bus at $5.00 to Woburn, MA and return trip totaling $26.00 each meeting.
I requested expenses be paid and trip hours but I was denied every time.
Requesting my travel time from 5:30 AM to 10 AM meeting time at
4.5 hrs be paid me for the 22 meetings plus $26 each time for fairs.
Fairs to meeting $572
Hours 100 X $12 hrly rate= $1200
Total $1772
CLAIMS of WAGES and EXPENSES

EXPENSES

We were being given bonuses toward non commissions due to there being no sales or salesman and ARS Office Operations Manager; Mike Eberle said we could give gift certificates of local restaurants to any Home Depot employees who helped get us many sales and leads and I did. I also made signs, brochures and hand outs at Kinkos.
We were required to cook hot dogs on every weekend, Friday Saturday and Sunday. I bought and made chilly with beef and bought condiments, chopped onions, cooked onions and peppers, ice tea, or lemonade etc. cups, ice table cloths, etc. so we would have more sales. On the 5th of July I cooked 100 steaks, 30 sausages and spare ribs for 500 people and I cooked 500 hot dogs as well. ARS has a budget for these things and I was to be reimbursed out of the expense budget. I was never reimbursed. I gave ARS Manager; Mike Eberle receipts and lists of all that I spent week to week and never was paid back.

Total $3,350