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DirectBuy Dodges Employee Paychecks, Points Finger At Franchise Owner

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July 15, 2011

DirectBuy Dodges Employee Paychecks, Points Finger At Franchise OwnerThis is bad: The headquarters of DirectBuy, a home improvement and furnishings club in Merrillville, Ind., recently took over its DirectBuy franchise in Orlando, Fla. after revoking the franchise from its owner.

This is just plain wrong: The 30 employees of DirectBuy Orlando have currently gone without pay for at least the June 1 – 15 pay period, and will likely not receive paychecks for June 15 – 23 either.

“It hurts horribly,” said a marketing associate who asked not to be named because he is still employed by DirectBuy Orlando. “People are getting evicted from their homes.”

This began June 24, when employees arrived to find a corporate representative on site. The rep informed all employees that the franchise of the owner, Brian Cohen, had been revoked and that Cohen would no longer be working for the company.

“The owner set us up to lose as much money as he could before he left without a word,” said another female employee at DirectBuy Orlando.

“Not an ‘I’m sorry guys’ or anything that would justify him being a human. Instead he was there one day … and then like a thief in the night he not only left without a word but left someone else to do his dirty work and tell us the bad news.”

The marketing associate believes that Cohen had previously been required to attend drug counseling by DirectBuy, and that evidence now points to some type of theft by Cohen.

“They [Corporate] had definitely been looking at him for a while. There was money missing from his accounts.”

But he also claims that the representative told employees that DirectBuy corporate headquarters would assume responsibility for the payroll “from that day [June 24] forward.”

That’s not what happened.

There’s no direct confirmation, but it seems clear that DirectBuy corporate headquarters has chosen to “honor the contract” it signed with Cohen – which would make Cohen legally responsible for the employee payments.

According to our source, corporate representatives had at one point asked DirectBuy Orlando employees to hold off on legal action regarding the matter while they evaluated the payment situation.

“I think they were trying to make it right, but we came back [after the five-day period that Corporate had requested] and they said ‘We can’t do anything.’ Then they gave us the OK to pursue legal action.”

That legal action is in the works at Morgan & Morgan, an Orlando law office that has handled some fairly high-profile cases. Currently, attorney John Morgan is representing Zenaida Gonzalez in a civil action vs. Casey Anthony.

The DirectBuy class-action suit will include nearly all of the DirectBuy Orlando employees. It’s not clear yet who the specific defendants will be in the case.

“I just want my money,” said another employee who asked to remain nameless — a lead generator for DirectBuy Orlando.

He tried depositing June 15 paycheck the day he got it.

“It came back NSF,” he said. “So I carried the other [July 1] one over to the owner’s [Cohen’s] bank, and they wouldn’t touch it.”

Our sources say that DirectBuy has since paid Orlando consumers back about $250,000 that the franchise had apparently collected but had never delivered on.

But while the employee payments hang in limbo, the impact for DirectBuy Orlando employees is all too immediate.

“Brian owes [me] close to $4,000. I’m lucky because our landlady is a very close friend,” said our source.

“I have to cover my losses,” said one employee, a single mother of two who works two jobs and estimates her losses at $1,600.

“And the hours I could have spent playing and spending time with my kids were gone for nothing. I went under big time. And for someone to stand in my face and tell me ‘I’m sorry, there is nothing we can do’ … was not only unfair but it was painful.”

“Especially when that money was for my babies.”

{ 97 comments… read them below or add one }

Scam Scam Scam August 9, 2011 at 9:20 pm

WOW did you know that Directbuy admitted in court that they did not disclose to the members that they kept discounts and rebates?

See
http://www.ct.gov/ag/lib/ag/press_releases/2011/directbuyamicusbrief.pdf
and
http://www.citizen.org/documents/Wilson-v-DirectBuy-Objections.pdf

for more information about the class action, see:
http://www.ct.gov/ag/lib/ag/press_releases/2011/041211directbuy.pdf

and here’s the court’s order denying the proposed settlement:
http://www.tn.gov/attorneygeneral/cases/directbuy/directbuyorder.pdf

“The court does not view these claims as so weak that it would be reasonable to settle claims arguably with over $2 billion for, at most, only a hundredth of this amount,” the judge wrote.

Attorneys general from 39 states filed briefs in support of plaintiff objectors, arguing for rejection of the settlement based on its extreme undervaluing.

The decision is an obvious and extreme setback for DirectBuy. The case will now continue.

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lucy September 1, 2011 at 9:24 am

HATING DIRECTBUY!!!
I have been really thinking about Brian and his wife Gayle, it would be different if they had a REALLY good reason for not paying us but it was because of greed, drugs, lies and yes sex going on here at Orlando South. Like living in a bad dream! Now there will be NEW owners, oh and one of them is one of the scumbags from Sanford who did the SAME things there that Brian did here! The fact that Brian (scumbag) is working for DBin Tampa is shameful and Corporate should NOT allow it! Franchise OR not!!!!! Everyone that worked here knew the drug abuse and sex crap going on but what can you do when your threatened with being fired??? Just remember: “What comes around, goes around”

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anthony February 18, 2012 at 12:11 pm

the scum bag from sanford is my dad and that is a complete lie no one at sanford didnt get paid yes there were times they didnt have the money on pay day but he would tell them when to cash the check and it would always go thru so fuck off if you dont know what your talking about

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Teresa Kemper September 24, 2011 at 5:18 pm

I am really sorry that employees are having to suffer because of Direct buy …. the company has been “crooks” for many MANY years – which former and future employees could find out if they did a proper internet research.

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wild billl September 30, 2011 at 1:15 pm

yes i once to worked for direct buy and the things that i saw and new was outrageous and like lucy said i feel bad for gail only f..k brian cohen its all a scam i was told that they where going to move the warehouse to tampa so they fired me and my friend will because we new what was going and they kept a guy from sanford DB warehouse and one ex owner of tampa db who is a crackhead aswell so for every one who has been deceived buy brian blame it on the coke-crack once an addict all ways an addict

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Directbuy Finances November 10, 2011 at 11:29 pm

Bill Rochelle, ©2011 Bloomberg News
Tuesday, November 8, 2011

DirectBuy May be Working on Distressed Swap, S&P Says

DirectBuy Holdings Inc., an operator of membership-based direct-buying centers, has a business model that is “unsustainable,” according to a report Standard & Poor’s issued yesterday while reducing the corporate rating two more notches to CC.

S&P previously downgraded in early September. A delay in issuing financial statements led S&P to conclude that the company “may be contemplating a business or financial restructuring to the detriment of creditors.”

The loss of members has “worsened meaningfully,” S&P said.

The rating on the $335 million in senior secured notes was also lowered to CC. The notes traded on Sept. 22 at 35.625 cents on the dollar, according to Trace, the bond-price reporting system of the Financial Industry Regulatory Authority. S&P predicts that the holders won’t recover more than 30 percent following payment default.

S&P said that the decline in membership began in early 2010, in part because of lawsuits alleging that the company misrepresented the cost of merchandise.

The Merrillville, Indiana-based company was acquired in 2007 by management and Trivest Partners LP.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/11/08/bloomberg_articlesLUCIUM6JIJVV.DTL&ao=all#ixzz1dMqMr19f

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SOMEONE ELSE December 9, 2011 at 2:10 am

WATCH OUT FOR DOUGLAS DILLON AND DANIELLE FRIEDRICHS. THEY HAVE BEEN ALL OVER THE COUNTRY WORKING AT DIRECTBUY. THEY JUST LEFT DIRECTBUY OF CHATTANOOGA TN WITHOUT PAYING EMPLOYEES.

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brian cohen September 26, 2012 at 12:31 am

I did what i had to do. Fuck you all now give me some crack!!!!

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Anonymous October 1, 2012 at 4:31 pm

LMFAO

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