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00:00You were a driver? Yes. How come you vandalized her car? Just aggravated with
00:06the day. Well, we have a camera system. He actually ripped it off. You cut the
00:13wires? Yes. I can't argue about that. I would believe that. This is Judy Justice.
00:30Sherry Airy is suing independent contractor James Furtado for car damages, breach of contracts,
00:45and toll fees. Court, come to order. Be seated, please. Hello, Judge. Case 1093, Airy v. Furtado.
00:57Thank you. Ms. Airy, you have a business. And let me see if I can summarize what I understand
01:05your business model is. You own a fleet of cars. That's a yes. Yes. How many?
01:13How many currently? Six. And what you do is you lease those cars or rent them either by the day,
01:22by the month, by the week, to drivers who you do not employ. They're their own independent
01:27contractors. They pay for the rental of the car. They do trips for you from your client list,
01:35and they get to keep a portion of whatever the trip is. Is that the business model? Yes.
01:42Correct? Yes.
01:43So let me understand the dynamics of it. Do you rent the cars by the day, week, month?
01:48Daily. How much do you charge for a day to the driver? You are a driver. Yes.
01:54How much do you charge a day? There's different fees. It all boils down to about 45% is what the
02:00company actually receives. So they don't actually lease the car from you. You take a percentage of
02:07whatever the fares are? Yes, what the fares are, exactly. Okay. So they don't, say, pay you $100 plus a
02:15percentage. They work in your car, and what they pay you is 45% of whatever they collect that day.
02:25Yes.
02:25Is that the way it works?
02:27No.
02:27Okay. How does it work?
02:29Depending on how she sees that the money is going in for that driver that day,
02:35she either pays 65%, 35%, or she decides to do it 50-50, whatever she wants to do.
02:43Okay. So, but what you don't do is pay her for the car?
02:49Yes, we do.
02:51You do?
02:52Yes.
02:52How?
02:53It's either dependent on if the car was one of the Dodgers, $7, maybe $5 a day. If it was one of the
03:01Micho Bishis, $10 a day.
03:03So in addition to whatever percentage you pay for the car per day?
03:08Plus $2 for each dispatched call, plus $1 for a deductible a day, and $1 for escrow.
03:18Per day?
03:18Per day.
03:19Does that sound right?
03:20Not all of it.
03:21What part is not right?
03:23Okay. The fee of $2 is actually $1.85. That does fluctuate. I know it's nothing, but if you look at it towards a long period, it is.
03:32But everything else...
03:32Keep going. Everything else is correct.
03:35Everything else is, yes, it's close.
03:37So you do, in fact, charge per day to rent the car.
03:41Mm-hmm.
03:41That's a yes.
03:42Yes.
03:43And that's a yes.
03:44Yes.
03:45Even though it's a minimal amount of money.
03:47Yes.
03:48But you do charge.
03:49Okay.
03:49And you, Mr. Furtado.
03:52Yes.
03:52Mr. Furtado had driven your cars for a period of time. For how long, Ms. Airy?
03:59Since April of 2020 till July of 18th of 2021.
04:07Had he driven every day? Seven days a week? Five days a week? Four days a week?
04:11Usually five shifts.
04:12Five shifts, which is five days?
04:15Yes.
04:16Correct?
04:18Sometimes.
04:19Okay. Sometimes more.
04:20Sometimes more.
04:21Sometimes less, depending if there was a situation with me.
04:25Okay.
04:25I couldn't drive.
04:26In July of 2021, there was an incident. And according to you, the incident, which will
04:33be described to me later, resulted in you calling in Mr. Furtado and telling him that
04:38you were placing him on suspension. That's what you say in your complaint. You then say,
04:42Mr. Furtado says, then I quit. And you asked him to return the car. He said he
04:48want the car. Come get it. It's in my driveway. When you went to get the car, the car wasn't
04:54there. Mr. Furtado told you that it had been towed, that he had called a towing company.
04:59He says he called the towing company, pick up the car because he was afraid that you would,
05:03I'm telling you what you wrote, that you called towing company because you were afraid that
05:08the plaintiff would call the police and report the car stolen. And she said she'd be there in an
05:14hour. She wasn't there in an hour. So you called the towing company.
05:17So what you're suing for is damage to the car that you say that the defendant did to
05:24the car, breach of contract. I don't know what that is. Loss of business, tow fees and
05:29harassment of clients. The harassment of clients, the only thing that you allege in your complaint
05:34is that he passed out his business cards to drive independently of your company to your
05:40clients. That's the only allegation in here. Is that correct?
05:43I have a couple of more.
05:44It's the only allegation that's in the complaint with regard to your clients and harassment,
05:50unless I'm missing something.
05:52Well, also the harassment could be to another co-worker that he worked with.
05:57Oh, no. That's not pled in your complaint, so I'm not paying any attention to it. So
06:02the harassment of clients, I'm deleting that.
06:06How come you vandalized her car, Mr. Purtado?
06:12Just aggravated with the day.
06:14Got it. Okay. Honest, aggravated, costs money to be honest and aggravated sometimes. Okay. I got it.
06:21Sherry Airy claims independent contractor, James Furtado, owes for car damages, breach of contracts,
06:42and toll fees. James is countersuing, claiming he was wrongfully terminated by Sherry.
06:48Now, I am taking his statement that he did, in fact, give out his business cards to your clients.
06:54I'm taking that as a fact.
06:56Yes, but there's also a text stating from one of the clients that he harassed them.
07:01Just a second. I'm not taking a text from a client.
07:04Okay.
07:05That's hearsay.
07:05Okay.
07:06What I'm saying is if a person has a claim against the defendant for harassment, that person can file a complaint,
07:13and that complaint will be heard by a court. But handing out business cards is not harassment.
07:18It may be a violation of a written contract that you have with him, and that I'll, of course, see,
07:24because you do have money owed for breach of contract. But harassment of clients is out.
07:30Now, damages to the car. On what date did you pick up the car from the towing company?
07:35I think the 18th, the same evening.
07:38And what damage, do you allege, was done to the car?
07:42Well, we have a camera system, and it also is connected to a gateway. And he actually ripped
07:46it off, cut it off, and the way he ripped it off, ruined both equipment to the vehicle.
07:51And also...
07:51Well, was it left in the car?
07:53Yes, it was.
07:54It was left in the car, but it was taken apart.
07:57It was cut and pulled.
07:59Yeah, see it, please.
08:00See a photograph of it.
08:02Here's pictures of the vehicle.
08:04How long had Mr. Furtado had the car, that particular car?
08:08He's had it a pretty long time, actually, when he started to help out...
08:13Did he have it July 16th?
08:15Yes.
08:16July 14th?
08:17Yes.
08:17Okay, is that correct?
08:19Yes.
08:20And this unit that you are referring to was operable on July 14th and 15th?
08:27I have pictures of him actually in the car that same day.
08:31May I see that?
08:32Yes.
08:34And also the GPS, which shows that, too.
08:37Do you have an estimate to fix these?
08:54Yes, ma'am.
08:54May I see them, please?
08:55Yes.
08:56So repairs are receipts.
08:57I have receipts.
08:58I just want the receipts so far for those two things where the wires were cut.
09:02Okay.
09:02I have copies of the so-called receipts.
09:05Just for the wires that were cut.
09:07Okay, gotcha.
09:09Just for the wires that were cut.
09:10Would it be faster for me to get them out?
09:12Sure.
09:14Yeah, it would definitely.
09:15This is the only receipt or receipts that I received that has anything to do with the camera.
09:26Okay.
09:27I have more here.
09:28I just have to find them.
09:35It was $85.
09:36Is that correct?
09:37No.
09:38No, $85 was just to check if it was operable any longer.
09:42Labor of installing or servicing, $80.
09:45Okay, what I have here is the cost of the equipment itself.
09:48Just a second.
09:49Did you install this yourself, sir?
09:52No, ma'am.
09:52She did?
09:53Yes.
09:53Yeah, but you cut the wires.
09:55There's no question that you cut the wires.
09:57I can't argue about that.
09:59I know.
10:00Perfect.
10:01I got it.
10:03Then just show me the paid bill to reinstall if they had to reinstall.
10:10It has not been reinstalled yet.
10:12I have not received the equipment yet.
10:14From whom?
10:14A company that actually...
10:16Well, how do I know what it costs?
10:18Right here, ma'am.
10:19Okay.
10:19I have the bill, and I also have some other stuff here, too.
10:23Don't give me a lot of other stuff.
10:24Okay.
10:25Stuff I gave up about 15 years ago.
10:28Just give me the bill.
10:29Gotcha.
10:29I do have the rate of $5 here at $1,800 and some odd dollars if you need that.
10:41How come you vandalized her car, Mr. Furtado?
10:43The wires itself, which is aggravated with the day.
10:49Got it.
10:49And...
10:50Okay.
10:51Honest, aggravated, costs money to be honest and aggravated sometimes.
10:55Okay.
10:56Now, what other damage do you allege to the car?
10:58Also, he used super glue in the vehicle.
11:01That damaged a lot of the interior.
11:03Can I see photographs of that?
11:05May I say something about that?
11:06Absolutely.
11:07Your Honor, I had her permission to put up signs because it made it easier for the customers.
11:14I'm not talking about signs.
11:15She said you superglued purposefully.
11:18The signs.
11:19Yes.
11:19I superglued the signs.
11:20She's going to show me if it's where signs would ordinarily go.
11:24No problem.
11:26No problem.
11:32No.
11:33No.
11:34This isn't acts of vandalism.
11:37This is where clearly signs were.
11:39Next.
11:41Clearly signs were?
11:42Where signs were.
11:44They're Velcro for signs.
11:45He was not given permission to put those up there.
11:48There were not signs up there to begin with.
11:50Show me a picture of signs that you had in that car.
11:54$547.
11:55Breach of contract.
11:56What contract did he breach?
11:58Independent contractor agreement that we had that he does not solicit to our...
12:03May I see the contract that you signed with him?
12:07Contract.
12:18You have a signed agreement with him?
12:20Yes, it's the very back one.
12:21Did you sign this agreement?
12:23Is that the way you signed your name?
12:26I...
12:26It's the back one.
12:27That's for the electronically.
12:29Yes, ma'am.
12:32Second to the back one.
12:34Yeah.
12:35That's the way he signs his name.
12:36That's the way he signs it here.
12:38Okay.
12:38Your Honor, I'd like to say something about that, though.
12:41I'm going to read it first.
12:42Okay.
12:42Just a sec.
12:43Don't say anything.
12:44No problem.
12:44No problem.
12:44No problem.
12:44No problem.
12:44No problem.
12:46No problem.
12:48What state do you live in?
12:52Florida.
12:54Sarah, see if you can find anything in the state of Florida for the duration of non-compete
13:01clauses in an employment contract.
13:04Florida, I see in your agreement that he's signed, you've put in a four-year period where
13:10he can't go to another company or drive for anyone else.
13:13I downloaded that from, uh, Swiftforms.
13:17Oh, well, that's a problem.
13:18Well, it gives you a personal information in the event that they want to contact you independently
13:26of her, which means that if they contact you independently, you would charge them less
13:30than if they went through the company.
13:32Okay.
13:32So that's going to cost you 10 bucks.
13:35Ooh.
13:35That's going to cost you 10 bucks.
13:37Sherry Airy is accusing independent contractor James Furtado of vandalizing her car after
13:56he was suspended.
13:58James claims he was wrongfully terminated by Sherry.
14:01I see in your agreement that he's signed, you've put in a four-year period where he
14:07can't go to another company or drive for anyone else.
14:10That's usually, I thought that, um, I downloaded that from, uh, Swiftforms.
14:16Oh, well, that's a problem.
14:18Okay.
14:18I actually find that four-year non-compete clause in this kind of situation unconstitutional.
14:27I can understand that if you're a driver and you get fired or discharged or you're
14:31you quit one company, I can absolutely understand the provision in this contract that I guarantee
14:37you he didn't read that says he's not allowed to solicit business by handing out business
14:42cards.
14:42You're not allowed to do that in here.
14:44I understand that.
14:45Okay.
14:46That's not harassment.
14:47It says that you're not allowed to solicit business from any of her clients for yourself.
14:53That's what it says.
14:55Okay.
14:55So you can't do that.
14:56And for that, I'm going to add probably another 10 bucks to the damage to the car.
15:02Did you find anything?
15:03Yeah.
15:04So it's a reasonable standard.
15:06So, um, a lot of-
15:07Well, I find if in the state of Florida, the standard is a reasonable period of time,
15:11I find four years totally unreasonable.
15:13But most contracts, if you can eliminate one clause that makes otherwise the contract legal,
15:21you don't necessarily have to void the entire contract.
15:24And there are other provisions in here that clearly lay out the responsibilities of both
15:29parties to the contract.
15:30So I am deleting, because it's an unreasonable period and therefore unconscionable, and therefore
15:38depriving the defendant the ability to work and earn a living, the four years that you've
15:44placed in here.
15:44So that part I'm absolutely eliminating.
15:46And is that the breach of contract that you were talking about?
15:49Um, soliciting to the clients that we have in our contact list.
15:53Well, he's not allowed to do that.
15:54You're not allowed to use our contact list.
15:55I don't know what contact list she's talking about, but the only kind of soliciting that I did was-
16:01Hands out cards.
16:02The cards.
16:03But if you look on that card, can I give you this?
16:07It doesn't say nothing about a business on that card.
16:12It just has my personal information.
16:15Well, it gives you a personal information in the event that they want to contact you independently of her,
16:20which means that if they contact you independently, you would charge them less than if they went
16:25through the company.
16:26That's what it means.
16:27Okay.
16:27Right?
16:28Yep.
16:28Yep.
16:29Okay.
16:29So that's going to cost you $10.
16:31May I say something else about this?
16:32That's going to cost you $10.
16:34That's going to cost you $10.
16:36May I say something about this now?
16:38No, not yet.
16:39Okay.
16:40How much did you pay in tow fees to get the car?
16:44$125?
16:45Hmm?
16:45$125?
16:47So far, he owes you $682.
16:49That's for the damage to the car from cutting the wires at the maximum price that you gave me.
16:55$129 for some other gizmo, $10 for passing out his business cards, which is a no-no,
17:02and $125 for towing.
17:04Because you shouldn't have had the car towed, sir.
17:06You had the car towed because you were angry.
17:08And she had to spend money to get the car out of towing.
17:10Now, you have a counterclaim for wrongful termination.
17:15Explain that to me.
17:16I believe that once Ms. Sherry says you're suspended, she gets the car back, you're really fired.
17:25Because she don't like to fire people.
17:26Well, do you know the reason why she was suspending you?
17:32Just because I made a comment to another driver.
17:35Okay.
17:36What was the comment?
17:38And what was it about?
17:39It was about how the driver did not put the pitches and condition of the cars at the beginning of the shift like everybody else did.
17:49And I just asked her why.
17:51And she came back and said, well, it's really none of your business.
17:56And then I had another cocky remark I can't say.
18:00But it's still...
18:01I would believe that.
18:02It's still kind of clean, though.
18:04It's not really bad, but...
18:06And she said then you're suspended.
18:08Something very minor, yeah.
18:10Okay.
18:11And then you said I quit.
18:12I've been telling her for months, I don't play the suspension game.
18:16If you're going to work me, work me.
18:18If not, that'll be the day I quit.
18:20She knew that.
18:21Okay.
18:21Well, don't tell me what she knew.
18:22Did you say I quit?
18:24Yes.
18:24Oh, okay.
18:26Fine.
18:26Good.
18:27Then you have no claim for wrongful termination.
18:29You quit.
18:30Okay.
18:31So, Miss Arie, the amount of money you were requesting on this claim is $8,000.
18:36Actually, stretching your damages to as far as I can stretch them, your total damages is $682.
18:43And that's what I'm awarding you on your claim.
18:45The counterclaim is dismissed.
18:46We're done.
18:47Court is adjourned.
18:50Judge Judy always judges fair and just.
18:54I think it was fair.
18:54What he did was ingest to the company.
18:57Lies and nothing but lies.
18:59He constantly disrespected other people.
19:01About me being a bad driver, me giving an attitude.
19:04Constantly going off on dispatchers and just leaving so much stress within the work environment
19:09with everyone that worked with him.
19:11I've got so many reviews.
19:12If you was to go on that website and Google, maybe about 30 of the reviews is all about
19:19me with a good attitude and everything else.
19:21I mean, Velcro and super glue all over the car.
19:25I don't know what she's talking about.
19:27He did not have permission to do that.
19:29Gut on your nerves.
19:30So I guess I was just over the limit that day that, you know, all this happened and.
19:37I couldn't believe it.
19:38Yeah.
19:38Just watch out for who you work for.
19:40So although Florida does have a reasonable standard for non-compete clauses and how long
19:47they can last for, just the quick research I was able to do, courts in Florida seem to
19:53deem anything under six months as reasonable and anything over two years to be unreasonable
19:59or in need of more information of why you need your non-compete clause to last for that long.
20:05So it just didn't sound right to me.
20:07I mean, he didn't have any real intellectual property that had to be protected for a long
20:11period of time.
20:12And he earned his living by driving cars, what we're supposed to do for four years.
20:17You know, as I always say, I may take a different job, but I'm not going to be a ballet dancer.
20:22I'm always going to stay in my lane.
20:24So to prevent him from staying in his lane for four years was outrageous.
20:28Anyway, people should take that as a lesson.
20:31When you download forms, they're not always right.
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