MHS Resolution Proposal

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MHS Resolution Proposal

  1. 1. PRESENTED TO: RAMON GONZALEZ, CEO; myHomeSpot.com November 17, 2011 Continue
  2. 2. section #1 Continue
  3. 3. the documents These documents were utilized to determine compensation due relating to overtime hours and will be referenced throughout this proposal. Continue
  4. 4. <ul><li>Bank statements were used to determine the dates and amounts of payroll payments I received from myHomespot.com. </li></ul>Withheld for privacy purposes These records have been withheld to protect my privacy. Continue
  5. 5. <ul><li>These include the paycheck stubs for the period between November, 2010 and June 2011. </li></ul>November 2010 – June 2011 Don’t have one? Click here. You can view a copy of these documents by clicking above. A copy of these documents can be found at the beginning of this section. Continue
  6. 6. <ul><li>This is the original time card entry record submitted by ADP to myHomeSpot.com. </li></ul>“ Time Sheet Entry from ADP” Don’t have one? Click here. You can view a copy of this document by clicking above. A copy can also be found at the beginning of this section. Continue
  7. 7. <ul><li>This document combines all of our main documents in an effort to accurately calculate figures pertinent to our current discussion: </li></ul>“ Master Recalculation Worksheet” Don’t have one? Click here. <ul><li>Hours & Rates Worked </li></ul><ul><li>Compensation Received </li></ul><ul><li>Compensation Owed </li></ul>The slides that follow detail the data contained in this document and their corresponding relevance to the above topics. Continue
  8. 8. “ Master Recalculation Worksheet” The Master Recalculation Worksheet looks like this when opened in Excel… Compensation Calculations ADP Time Entries By Period Period Reference Column Untracked Overtime Hours Continue
  9. 9. “ Master Recalculation Worksheet” Compensation Calculations: #1 #2 There are two different compensation calculation tables: #1 : Marketing Assistant #2 : Property Manager Continue
  10. 10. “ Master Recalculation Worksheet” This column references the period of time entry data from ADP that corresponds with the pay period as represented on each paystub and included on this Worksheet under the “CHK PERIOD” column. (More information on each column will follow.) Period Reference Column Each row is highlighted in the same color as its corresponding period information, as shown in the “ADP Time Entries by Period” table to the right of the “Compensation Calculations Tables”. (More details on this relationship follows directly.) Continue
  11. 11. “ Master Recalculation Worksheet” ADP Time Entries By Period: This is the excel version of the time entries PDF Document as submitted by ADP. On review, I found that, on most (but not all) occasions, there is a discrepancy between the amount of hours reflected for compensation as shown on the paystubs, and the amount of hours as recorded by ADP’s time entry system. The time periods shown on the paystubs are used as the official time periods for calculation, and the corresponding time entry data from ADP for each paystub period is highlighted for ease of reference. Continue
  12. 12. “ Master Recalculation Worksheet” ADP Time Entries By Period: My review of the “Time Sheet Entry from ADP” confirmed the accuracy of the data contained therein. It appears that the discrepancies discovered in my review are minimal, and I have dismissed them as part of the inevitable 2% error rate included in any report with combined data sources in my calculations. Additional Note: Continue
  13. 13. “ Master Recalculation Worksheet” ADP Time Entries By Period: I do not have access to any data regarding the internal time to payroll conversion process utilized by MHS; however, it seems that this information may be helpful should you desire to investigate these discrepancies to their root. Additional Note: Continue
  14. 14. “ Master Recalculation Worksheet” Untracked Overtime Hours: Hours of work performed off the clock as agreed in April’s Business Development meeting. (I.E. Additional marketing tasks, Tenant Handbook, Owner Handbook, etc.) Continue
  15. 15. “ Master Recalculation Worksheet” Starting from the left, the columns are as follows: <ul><li>DATE REC’VD: Date payment was received </li></ul><ul><li>AMT REC’VD: Amount of received payment </li></ul>Data Source: Personal Bank Statements Continue
  16. 16. “ Master Recalculation Worksheet” Starting from the left, the columns are as follows: <ul><li>CHK PERIOD: Payment Period as shown on paystub </li></ul>Data Source: Paystubs <ul><li>CHK HOURS: Hours reflected on paystub </li></ul><ul><li>CHK RATE: Rate reflected on paystub </li></ul><ul><li>CHK TOTAL: Gross total paid on paycheck </li></ul><ul><li>CHK NET TOTAL: Net total received from paycheck </li></ul>Continue
  17. 17. “ Master Recalculation Worksheet” Starting from the left, the columns are as follows: <ul><li>ADP PERIOD: Time entry calculation period per ADP </li></ul><ul><li>ADP HOURS: Total hours per ADP statement </li></ul>Data Source: ADP Time Entry Statement Continue
  18. 18. “ Master Recalculation Worksheet” Starting from the left, the columns are as follows: <ul><li>REG HOURS: Regular hours at regular rate used in calculations </li></ul>Data Source: All Documents <ul><li>REG PAY DUE: Period pay due for regular hours at regular rate </li></ul><ul><li>OT HOURS: Overtime hours at overtime rate used in calculations </li></ul><ul><li>OT PAY DUE: Period pay due for overtime hours at overtime rate </li></ul><ul><li>TOTAL DUE W OT: Total amount due, including all rates </li></ul><ul><li>TOTAL HOURS: Total amount of hours to be used for calculations </li></ul><ul><li>PERIOD TOTAL DUE: Total remaining amount due for period (accounts for pay received as reflected in the “CHK TOTAL” column) </li></ul>Continue
  19. 19. “ Master Recalculation Worksheet” Continue
  20. 20. section #2 Continue
  21. 21. the documents These documents were utilized in determining compensation due relating to commission due and will also be referenced throughout this proposal. Continue
  22. 22. “ Hourly + Commission Payment Schedule” This document is a scanned copy of the “Hourly + Commission Payment Schedule” document that was handed to each Property Manager in separate private meetings in early February. Each Property Manager was told the terms of the new payment arrangement at this time. The new payment arrangement and calculation procedures were explained as follows: Don’t have one? Click here. Continue
  23. 23. “ Hourly + Commission Payment Schedule” <ul><li>The hourly estimate assumed a 40-hour work week; </li></ul><ul><li>This initial “bonus” (aka commission) estimate was based on the previous months’ performance of each Property Manager’s respective portfolio; </li></ul><ul><li>The performance of each portfolio would be determined by reports produced by Propertyware on a monthly basis; </li></ul>Continue
  24. 24. “ Hourly + Commission Payment Schedule” <ul><li>Once the transition to Property Manager had taken place, the first month’s income would be based on the estimated calculations as shown in this document ($1,549.35/bi-weekly); and </li></ul><ul><li>Following the first month of transition, payroll would begin to be distributed based on this calculation model and would be determined based on each PM’s portfolio performance for the prior month, as reflected in the aforementioned PW reports. </li></ul>Continue
  25. 25. “ Hourly + Commission Payment Schedule” Additional Note on Commission Payments Commission payments were agreed to be distributed as follows: <ul><li>10% of maintenance fees; </li></ul><ul><li>10% of management fees; </li></ul><ul><li>10% of leasing fees; </li></ul><ul><li>10% of renewal fees; and </li></ul><ul><li>10% of vacant unit fees. </li></ul>Continue
  26. 26. “ Hourly + Commission Payment Schedule” Additional Note on Commission Payments Several additional commissionable opportunities were discovered in the course of working as a Property Manager, and these compensation arrangements were agreed to on the fly, as they occurred. Continue
  27. 27. “ Income Statement Detail” from Propertyware Don’t have one? Click here. This is the original report generated by PW on July 10, 2011, and was used to calculate commission payments due per PDF #1. You can view a copy of the document by clicking the icon above, where indicated. Continue
  28. 28. “ Income Statement Detail w/ Calculations” Don’t have one? Click here. This document utilizes the data contained in PDF #2 to calculate commission payments due. Further explanations of the data and calculations contained in this worksheet follow directly. You can view a copy of the document by clicking the icon above, where indicated. Continue
  29. 29. “ Income Statement Detail w/ Calculations” This is what the document looks like when opened in Excel on your computer…. Income Statement Detail Commission Calculations Continue
  30. 30. “ Income Statement Detail w/ Calculations” Income Statement Detail This data was used to calculate commission payments due per PDF #1. Each commissionable event is highlighted in the same color as its corresponding commission type, as shown in the “Commissions Calculations” table. (More info on this table follows directly. Continue
  31. 31. “ Income Statement Detail w/ Calculations” These are the final commission-based payments due according to the documents as described previously in this section. Each commissionable event type, as reflected in the “FEE DESCRIPTION” column, is highlighted in the same color as its corresponding expense item, as reflected in the “Income Statement Detail”, as described in the previous slide. Commission Calculations Continue
  32. 32. “ Income Statement Detail w/ Calculations” <ul><li>“ Standard” commissionable events are those that were originally implemented with the new payment schedule. </li></ul>Commission Calculations <ul><li>“ Implemented” commissionable events are those that were discovered in the course of working and agreed upon on the fly, or, as the events occurred. </li></ul>Continue
  33. 33. “ Income Statement Detail w/ Calculations” Commission Calculations Commission Type Legend Continue
  34. 34. “ Income Statement Detail w/ Calculations” Continue
  35. 35. section #3 Continue
  36. 36. the invoice Invoice # 121 was submitted on September 1, 2011, and remains unpaid. Submission of payment for this invoice is required at the time of our next meeting. (See Conclusion) A copy of the invoice can be viewed by clicking above, where indicated. Don’t have one? Click here. Continue
  37. 37. summary Continue
  38. 38. totals $1,522.50 Untracked Hours $1,128.02 Period Unpaid OT + ____________ $11,166.09 Standard $670.54 Implemented * minus concession $217.00 Invoice #121 Continue
  39. 39. conclusion Continue
  40. 40. Both Parties have agreed that they are committed to the following: #1 Swift & Fair Resolution Both parties wish for and will act accordingly to ensure a swift and fair resolution to the current wage & hour matters herein. Continue
  41. 41. Both Parties have agreed that they are committed to the following: #2 Expedition of Process Both parties acknowledge the duration of time taken thus far to resolve this matter, and agree to do everything in their power to expedite a resolution. Continue
  42. 42. Both Parties have agreed that they are committed to the following: #3 Interactive Resolution Both parties wish to resolve as much of this matter amongst themselves, and will seek to resolve those matters in which they agree first and with priority. Continue
  43. 43. Both Parties have agreed that they are committed to the following: #4 Mediation Preferred Both Parties acknowledge that there are several Disagreements between them (more to follow), and have agreed to set aside these differences for the time being in a good faith effort to resolve those issues in which there are no disagreements and both Parties agree. Continue
  44. 44. There are certain Disagreements between the Parties that both Parties have agreed to disagree upon for the time being and until further advice can be sought or investigation can be pursued. These points of disagreement are as follows: Continue
  45. 45. #1 Commission Payment Schedule Bri Contends that commission was payable as of the date of transition to Property Manager. MHS Contends that commission was payable “as soon as Propertyware reports became available”. Continue
  46. 46. #2 Leasing Commission – Payable? Bri Contends that the commission- based monthly “bonus” payment schedule included 10% of leasing fees accumulated under her portfolio during the period of time in which she operated as a Property Manager for MHS. MHS Contends that the commission- based monthly “bonus” payment schedule did not include any portion of the leasing fees accumulated under Bri’s portfolio during the period of time in which she operated as a Property Manager for MHS. Continue
  47. 47. #3 Alotted Time for Outside Work Bri Contends that the data included in the “Untracked Overtime” table is a fair representation of the amount of hours in which work was performed “off-the-clock”, as agreed previously and mentioned herein. MHS Has been previously made aware of my contention of wages earned “off-the-clock” but not paid for outside projects, as agreed previously and mentioned herein. The total amounts included in the “Untracked Overtime” table represent the total amounts that my review of our information, as agreed, has determined is appropriate. Continue
  48. 48. #1 Settlement of Agreed Upon Matters In a good faith effort to move forward with the swift and fair resolution of all of these matters, I propose the following: <ul><li>Payment for the totals agreed upon should be made immediately and prior to any further discussion. </li></ul><ul><li>The totals that are assumed to be in agreement are as follows: </li></ul>Continue
  49. 49. #1 Settlement of Agreed Upon Matters In a good faith effort to move forward with the swift and fair resolution of all of these matters, I propose the following: $1,128.02 Period Unpaid OT $217.00 Invoice #121 + ________________ $1,345.02 Total Due Now Continue
  50. 50. #2 Settlement of Disputed Matters In a good faith effort to move forward with the swift and fair resolution of all of these matters, I propose the following: <ul><li>Disputed matters should be set for mediation with an outside organization immediately. </li></ul><ul><li>The totals that are assumed to be in dispute are as follows: </li></ul>Continue
  51. 51. #2 Settlement of Disputed Matters In a good faith effort to move forward with the swift and fair resolution of all of these matters, I propose the following: $1,522.50 Untracked Hours $11,166.09 Standard $670.54 Implemented * minus concession + ________________ $13,359.13 Total in Dispute Continue
  52. 52. #2 Settlement of Disputed Matters In a good faith effort to move forward with the swift and fair resolution of all of these matters, I propose the following: Continue
  53. 53. #3 Continuing to Move Forward In a good faith effort to move forward with the swift and fair resolution of all of these matters, I propose the following: Simultaneously, a meeting between us should be scheduled as soon as possible to execute an agreement as proposed herein and to discuss the following items: Continue
  54. 54. #3 Continuing to Move Forward In a good faith effort to move forward with the swift and fair resolution of all of these matters, I propose the following: <ul><li>Updated documentation needs, revisions and ideas from MHS; </li></ul><ul><li>Updated documentation needs, revisions and ideas from Bri; and </li></ul><ul><li>Timeline for Documentation Project completion. </li></ul>Continue
  55. 55. Once you have reviewed the documents and information included in this proposal, please let me know how you would like to proceed. I’m looking forward to hearing from you! Click Here To Contact Me! PRESENTED BY: Bri L. Gunter, CEO; Instant Assistant [email_address] (770) 826-3603
  56. 56. PRESENTED BY: Bri L. Gunter, CEO; Instant Assistant [email_address] (770) 826-3603

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