[vendtalk] Fw: Re: Seeking fee advice for rookie who was unabletoturn around bad facility

Kevan Worley kevanworley at blindmerchants.org
Wed Dec 19 16:18:53 UTC 2012


I will tell you that the posts on this list relative to the legalities and procedures for advocacy are, in the main, accurate. Let me also say that our Ohio Association of Blind Merchants and Nicky and I are investigating the matter. We will absolutely offer appropriate advocacy. I think this listserv is really begun to be very helpful. I appreciate the idea exchange, the knowledge and perspective I gain from our members and supporters. 

-----Original Message-----
From: vendtalk [mailto:vendtalk-bounces at nfbnet.org] On Behalf Of Terry Eagle
Sent: Wednesday, December 19, 2012 7:40 AM
To: 'Vendor Talk Mailing List'
Subject: Re: [vendtalk] Fw: Re: Seeking fee advice for rookie who was unabletoturn around bad facility

Hi,

Some questions:
Is this gentleman still a licensed vendor?
Where does the case stand?  There was earlier mention of him being sued for money.
Did he get an administrative hearing?

Thanks to anyone who can accurately these questions.

Terry Eagle


-----Original Message-----
From: vendtalk [mailto:vendtalk-bounces at nfbnet.org] On Behalf Of mazher
Sent: Wednesday, December 19, 2012 6:05 AM
To: 'Vendor Talk Mailing List'
Subject: Re: [vendtalk] Fw: Re: Seeking fee advice for rookie who was unabletoturn around bad facility

As an RS trainee, the individual in question has due process rights and a right to legal assistance from the Client Assistance Program (CAP), a program funded by the Department of Education.  If the SLA has bothered to communicate its decision in writing, it should include a notice of due process rights and the contact information of the designated legal
assistance entity in the local jurisdiction.   
-----Original Message-----
From: vendtalk [mailto:vendtalk-bounces at nfbnet.org] On Behalf Of Phyliss Davis
Sent: Tuesday, December 18, 2012 10:49 PM
To: vendtalk-bounces at nfbnet.org
Cc: vendtalk at nfbnet.org
Subject: [vendtalk] Fw: Re: Seeking fee advice for rookie who was unable toturn around bad facility

Trust me, your friend is not alone and no, this is not the first time a Sla Rehabilitation  Agency is not acting in the best interest of the trainee. Call Nick Gacos..if he can't help he will find somene who can.
Also, if possible reach out to Ohio's CBV's. United we stand, divided we fall[or are ignored}. keep us posted, we other vendors do care and we are not passing judgement.  This is STILL OUR program! Phyliss Davis, GA BEP
770-635-8433

--- On Mon, 12/17/12, Kevan Worley <kevanworley at blindmerchants.org> wrote:


From: Kevan Worley <kevanworley at blindmerchants.org>
Subject: Re: [vendtalk] Seeking fee advice for rookie who was unable to turn around bad facility
To: "Vendor Talk Mailing List" <vendtalk at nfbnet.org>
Date: Monday, December 17, 2012, 11:15 AM


First, none of us should find fault with him because we don't know all the details. Second, this is not an uncommon situation. Third, if your friend is active in the National Federation of the Blind, i.e. a contributor in some form or fashion, he ought to call me. There are a number of questions which would need to be asked before one could determine the best strategy. Not knowing all the details, one can't know if your friend dropped the ball or if the agency forced him into a situation where dropping the ball was out of his control. Many of us started the program under extraordinarily difficult circumstances. Many of our locations were the old-fashioned "under the stairs, in the basement, beneath the leaky pipe, across from the men's room, down the hall from the linen closet, beyond security with no agency support, having been set up to fail." Some through grit, imagination and luck have been able to battle through those challenges and find some  success. Some have not been as lucky. We absolutely must fight for those who despite their very best effort, were not given real opportunities for success. The devil is always in the details. The NFB/NABM has legal counsel and advocacy expertise and success. 

At your service,



Kevan Worley
Executive Director
National Association of Blind Merchants
kevanworley at blindmerchants.org
866-543-6808




-----Original Message-----
From: vendtalk [mailto:vendtalk-bounces at nfbnet.org] On Behalf Of Scott Cavna
Sent: Saturday, December 15, 2012 9:19 AM
To: vendtalk at nfbnet.org
Subject: [vendtalk] Seeking fee advice for rookie who was unable to turn
around bad facility

Hello
    I know somone who went thru the Ohio Randolph Sheppard program. After
training the state offered to put him into a facility with a history
of failure. Not seeing many other options he took the state up on the
offer.  Not surprisingly as a newbie he was unable to turn the business
around.  The state is now taking him to court to recover the start-up
inventory they had invested and was subsequently lost by the failing
business.
   I'm sure it would be easy for some on this list to be critical of this
guy for not being able to re-pay the vendors program.  However
I respectfully suggest that it is easy to criticize when you don't have to
walk in someone elses situation.   
   Anyway legal aid won't help since it is a civil case, so this guy is
going to attempt to take on the state in civil court by himself.  Any
suggestions would be appreciated.  We are attempting to use the argument
that the state should be liable for the star-up inventory cost since they
set-up the newbie vendor in a facility they knew was a failure. 
    Apologize for the cross posting, But I will probably post this to the
blindlaw list as well.
                   Thanks 
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