Cintas is Suing Me, Anyone Else Been Through This?

Discussion in 'Business Operations' started by Az Gardener, Jul 17, 2011.

  1. Az Gardener

    Az Gardener LawnSite Gold Member
    Posts: 3,899

    I'm being sued for 7-K.

    I contacted a lawyer and he also advised me to ignore the lawyers. Saying I wont save any money by making their job any easier. He did suggest I would probably need to hire a lawyer to get a favorable outcome.

    Although the fact that I have the uniforms in my possession I can see posing a problem. Unfortunately once I turn them in I loose my evidence that they did not give me the long tailed shirts that I paid for or that I had shirts that were still not embroidered after 2 years.

    On a good note I have many texts in my phone from my Cintas delivery guy communicating about the problems and him apologizing for the poor service.
     
  2. SoCalLandscapeMgmt

    SoCalLandscapeMgmt LawnSite Bronze Member
    Posts: 1,804

    Take photos of everything and then turn the uniforms in!
    Posted via Mobile Device
     
  3. giovanniqm

    giovanniqm LawnSite Member
    from NY
    Posts: 1

    I know it's been a while, but what was the outcome of this? Did you have to hire a lawyer, I'm in a similar situation right now, apparently you get 3 comaplaints with them but I got fed up and told them to go to hell, now they are suing me for $4000, I never saw the 5 year contract on the text...

    Thanks,
    Giovanni
     
  4. newz7151

    newz7151 LawnSite Silver Member
    from Tejas
    Posts: 2,419

    And now they are going to start charging YOU to fix damaged uniforms which are mostly caused by their handling during the laundry process... I mean hey, if you can't get new customers to support your shareholders, might as well sue the heck out of the ones you HAD, right?
     
  5. grassmonkey0311

    grassmonkey0311 LawnSite Silver Member
    from MD/NC
    Posts: 2,252

    I worked for the laundry business for 4 years as a service manager. I took customers to court, some I won...some I didn't. Here is the rundown for anyone looking at a uniform service.

    Those contracts they make you sign----99% of the time they are for 5 years. Read the small print, some will say automatic renewal after the initial 5 years for ANOTHER 5 years. It's all about wording to them.

    Damaged goods----They determine if it was damaged by you, or them. They will often try to pass it off saying you did it and charge you accordingly. Pay attention to your bill, look for charges like: Loss, damage, replacement. Make sure you know what is going out to be cleaned....they get sneaky sometimes saying your worker "never turned his in" and will bill you for a lost garment.

    Now, onto the court topic. Letters by certified mail always helps you out. Send a few though, timing is the key. Build a case against them and you have a MUCH better shot at winning. Contact your service manager too, let him know how unhappy you are. Some contracts state the company has 90 days to fix any problems with service. Read your contract to find out and follow what it says to do. Most of the time, if an account was small, I would tell them we would sue. Would we really? Nope! Sometimes you can even offer to buy out your contract.

    You know that awesome driver who knows how upset you are? Chances are he's making commision off how much he bills you. Some uniform companies pay drivers commision so they will charge as much as possible. But the #1 rule of uniform and textile companies....EVERYTHING is negotiable.

    Garment Prep charge-Negotiate
    Delivery Charge- Negotiate
    Inventory percentage- Negotiate
    Loss charges- Negotiate
    Contract terms/conditions- Negotiate
    Length of contract-Negotiate

    These companies make a lot of money, but don't let them toss you around. Everything is negotiable.
     
  6. Wayne's Lawn Service

    Wayne's Lawn Service LawnSite Member
    Posts: 184

    Don't do a thing personally. Contact your insurance company and let them handle it. They will tell you what they need and what you should do. Being in this business since 1979, we have experienced a few lawsuits.

    Good luck.
     
  7. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Posts: 12,160

    What does insurance have to do with a signed contract with a vendor?

    I've never asked about coverage for a vendor suing me because the vendor screwed up.
     
  8. Green Finger

    Green Finger LawnSite Senior Member
    Posts: 839

    Once they get your information and send you the court papers.. I would have my lawyer contact them and try and settle out of court.

    things to remember if you are planning to stay in business.

    1. If you are not incorporated then they are suing YOU personally, if they win thats a judgement on your credit report they can come after your personal assets. (bank accounts, liens on property, garanishments)

    OR

    2. If you are incorporated then they will sue your company. If they win then the judgement will be attached to your company's incorporation (Tax ID number) This will affect you in gettting business credit and growing your company. Your personal assets are protected.

    These people are no joke...this is what they like to do.... sue the little guy. I've been in court numerous times over stupid crap like this. I'm giving people jobs, trying to feed my family and they are suing over stufff like this.

    Just settle if you can and think twice about any contract... uniforms, advertisments, leases or anything like that.
     
  9. Wayne's Lawn Service

    Wayne's Lawn Service LawnSite Member
    Posts: 184

    If they are suing your company/you your insurance company needs to know. Depending on the circumstances of the issue I would certainly at least touch base with them.

    They may not need to be involved, but they would know if there are any other risk involved.

    To each their own.
     

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