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My Father Called Me A Bad Investment While My Brothers Earned 4X My Salary — I Used His Own Contr... — Transcript

by AuraPetal · 2,998 words · 475 segments · language en · Watch on YouTube

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  1. 0:00My father looked me dead in the eyes
  2. 0:01across his mahogany desk and said,
  3. 0:03"Cecily, you're not a bad worker. You're
  4. 0:05just a bad investment." Those were the
  5. 0:07exact words. I had a payroll spreadsheet
  6. 0:09open on my laptop showing that my two
  7. 0:11brothers, Garrett and Mason, were each
  8. 0:12pulling $180,000 a year in base salary,
  9. 0:15full benefits, and a 12% equity stake in
  10. 0:18the firm our grandfather built from a
  11. 0:19single storefront in Cincinnati. I was
  12. 0:22making 46,000 as a 1099 contractor, no
  13. 0:25benefit, no equity, no paid time off. I
  14. 0:27had been doing it for 5 years.
  15. 0:29I didn't slam the laptop. I didn't raise
  16. 0:31my voice. Something very cold and very
  17. 0:33quiet settled into the center of my
  18. 0:34chest, and I thought, "He just made the
  19. 0:36biggest mistake of his life."
  20. 0:38People ask me why I stayed for 5 years.
  21. 0:40They look at the numbers, and they ask
  22. 0:42how someone with a finance degree from
  23. 0:43Northwestern, someone who rebuilt our
  24. 0:45grandfather's struggling real estate
  25. 0:47consulting firm from the ground up,
  26. 0:49could have accepted $46,000 a year while
  27. 0:52her brothers spent company money on golf
  28. 0:54memberships and client dinners at Boca
  29. 0:56Raton. It's a fair question, and the
  30. 0:58honest answer is that I wasn't staying
  31. 0:59with the money. I was staying for the
  32. 1:01ghost of a promise my father never
  33. 1:03intended to keep. My grandfather, Ed
  34. 1:05Calloway Sr., built Calloway Property
  35. 1:07Advisors in the 1970s. By the time I was
  36. 1:10old enough to understand what the
  37. 1:11company did, it was a regional
  38. 1:13institution. Three generations of
  39. 1:15Cincinnati families trusted us with
  40. 1:16their commercial real estate portfolios.
  41. 1:19Granddad used to say the only currency
  42. 1:20that mattered was trust. He died when I
  43. 1:22was 19, and my father, Ed Calloway Jr.,
  44. 1:25inherited everything.
  45. 1:26My brothers came first. Garrett is 6
  46. 1:28years older than me, Mason is 4 years
  47. 1:30older. Both of them went to state
  48. 1:32schools, majored in business without any
  49. 1:34particular distinction, and drifted into
  50. 1:36the company the way you drift into a
  51. 1:37warm room in winter. Neither one of them
  52. 1:39had ever cold called a client,
  53. 1:41restructured a lease, or analyzed a cap
  54. 1:43rate that they didn't copy from my
  55. 1:44notes. Garrett was the one who handled
  56. 1:46the handshakes. He was tall,
  57. 1:48broad-shouldered, and looked like
  58. 1:49Central Casting's idea of a Midwestern
  59. 1:51businessman. He had a firm handshake and
  60. 1:54a laugh that made older clients feel
  61. 1:55comfortable. Mason handled business
  62. 1:57development, which was a title that
  63. 1:59seemed to exist primarily to justify his
  64. 2:01expense account.
  65. 2:02I came in at 24 with a finance degree,
  66. 2:05two internships at commercial real
  67. 2:06estate firms in Chicago, and a specific
  68. 2:08proposal for modernizing the company's
  69. 2:10portfolio analysis systems. My father
  70. 2:12listened to my whole pitch, nodded
  71. 2:14slowly, and said, "We'll try it out." He
  72. 2:16did not give me a formal offer letter.
  73. 2:18He had his accountant draw up an
  74. 2:19independent contractor agreement and
  75. 2:21told me the rate was $46,000 annually,
  76. 2:24that it was temporary while we figured
  77. 2:26out the right structure. He said that
  78. 2:27like it was his detail, like it was
  79. 2:29paperwork that would sort itself out. I
  80. 2:32told myself 5 years was the maximum. I
  81. 2:33kept moving that deadline.
  82. 2:35The reason I stayed was simple and
  83. 2:37humiliating in retrospect. I was
  84. 2:39rebuilding the company and I could see
  85. 2:40it happening in real time. And part of
  86. 2:42me believed that visible results would
  87. 2:44be impossible to ignore. When I arrived,
  88. 2:46Callaway Property Advisors had 17 active
  89. 2:49client accounts and was losing two or
  90. 2:50three a year to competitors who offered
  91. 2:52better analytics. Within 18 months, I
  92. 2:55had rebuilt the reporting
  93. 2:55infrastructure, implemented a client
  94. 2:57retention tracking system, and
  95. 2:59personally cultivated relationships with
  96. 3:01a new tier of institutional investors my
  97. 3:03father had never thought to pursue. By
  98. 3:06year three, we had 41 accounts and had
  99. 3:08just signed our first client with a
  100. 3:09portfolio north of $50 million.
  101. 3:12My father called that signing a win for
  102. 3:13the Callaway name. He took Garrett and
  103. 3:15Mason to dinner that night to celebrate.
  104. 3:17I found out from the receptionist.
  105. 3:19The way the work actually operated was
  106. 3:21invisible to everyone who didn't know
  107. 3:23where to look. Garrett would meet a
  108. 3:25prospective client for breakfast and
  109. 3:26make general promises about service
  110. 3:28quality and personal attention. Then he
  111. 3:30would come back to the office, drop the
  112. 3:32contact information on my desk, and say,
  113. 3:34"Work your magic, Cece." I would spend
  114. 3:36the next 2 weeks building a custom
  115. 3:37portfolio analysis, drafting a proposal,
  116. 3:40running comparative market data, and
  117. 3:42preparing talking points. Garrett would
  118. 3:44take those talking points into the
  119. 3:45closing meeting and present them as if
  120. 3:47he had worked up the strategy himself.
  121. 3:49He was good at it. He had my father's
  122. 3:51confidence in rooms full of other
  123. 3:53people, and he genuinely didn't seem
  124. 3:55aware that there was anything wrong with
  125. 3:57the arrangement.
  126. 3:58Mason was different. Mason knew exactly
  127. 4:00what he was doing. He had a particular
  128. 4:02talent for getting between me and
  129. 4:03credit. If I sent an email directly to a
  130. 4:06client with analysis attached, Mason
  131. 4:07would reply all and reframe the
  132. 4:09information as though he had directed
  133. 4:11the work. If a client called to
  134. 4:12compliment the quarterly report I had
  135. 4:14written, Mason would take the call and
  136. 4:16accept the praise, and then relay it to
  137. 4:18me as feedback with a slight tone of
  138. 4:19patronage, as though I had done
  139. 4:21acceptable work and he was generously
  140. 4:23letting me know. I started documenting
  141. 4:25everything. I didn't know then why I was
  142. 4:27doing it. Some instinct said, "Keep
  143. 4:28records."
  144. 4:30My father was the architect of the whole
  145. 4:31structure, though I spent a long time
  146. 4:33not wanting to believe that. He
  147. 4:35maintained the contractor classification
  148. 4:37year after year despite my asking about
  149. 4:39it. Every conversation went roughly the
  150. 4:40same way. I would raise the topic of
  151. 4:43employee status and benefits. He would
  152. 4:45nod and say it was something he wanted
  153. 4:46to address soon, or that the timing
  154. 4:48wasn't right, or that the company was in
  155. 4:50a growth phase and equity conversations
  156. 4:52needed to wait. Once he told me, with
  157. 4:54what seemed like genuine warmth, that
  158. 4:56family didn't need contracts, that the
  159. 4:58company would take care of me because I
  160. 5:00was a Calloway. It took me an
  161. 5:01embarrassingly long time to recognize
  162. 5:03that "The company will take care of you"
  163. 5:05meant exactly nothing in writing.
  164. 5:07The thing that finally cracked it open
  165. 5:09was not some dramatic single revelation.
  166. 5:11It was a procurement audit I ran in
  167. 5:13February because the company's vendor
  168. 5:14costs had jumped 22% year-over-year and
  169. 5:17nobody could explain why. I pulled 3
  170. 5:19years of records and found the answer.
  171. 5:21Garrett had been running a side
  172. 5:22arrangement with a commercial
  173. 5:23photography vendor we used for property
  174. 5:25listings, collecting a 12% referral fee
  175. 5:28on every contract. It was not illegal,
  176. 5:30exactly, but it was undisclosed, it
  177. 5:32violated our fiduciary agreements with
  178. 5:34clients, and it had cost the company
  179. 5:36clients who noticed inflated billing. He
  180. 5:38had been doing it for 2 and 1/2 years.
  181. 5:40I brought the file to my father. I laid
  182. 5:42it on his desk calmly and walked him
  183. 5:44through the numbers. He read through it
  184. 5:45without expression. Then he closed the
  185. 5:47folder, put it in his desk drawer, and
  186. 5:49said, "This stays in this room."
  187. 5:51I said, "Dad, this is a material breach
  188. 5:53of our client agreements. If we don't
  189. 5:55disclose it and self-report, we're
  190. 5:57looking at much bigger liability."
  191. 5:59He said, "I told you this stays in this
  192. 6:01room. Garrett made a mistake. We're not
  193. 6:03burning down the family over a mistake."
  194. 6:05I told him I was not comfortable being
  195. 6:07party to concealing it.
  196. 6:09He leaned back in his chair and said
  197. 6:10something I will hear for the rest of my
  198. 6:11life. "Cecily, you've been a great
  199. 6:13helper. You really have. But helpers
  200. 6:16don't get to make decisions like this.
  201. 6:17That's what owners do."
  202. 6:19Helpers, after 5 years and 41 clients
  203. 6:21and a $50 million account.
  204. 6:24I kept my face neutral. I said, "I
  205. 6:25understand." Then I walked back to my
  206. 6:27desk and I called an attorney named
  207. 6:29Vivian Hart, who had been a year ahead
  208. 6:31of me at Northwestern and now practiced
  209. 6:33employment and intellectual property law
  210. 6:34in Columbus. She had been trying to get
  211. 6:36me to call her for 3 years. I had her
  212. 6:38number memorized.
  213. 6:40Vivian asked me three questions in the
  214. 6:42first 5 minutes. Was I classified as a
  215. 6:441099 contractor? Yes. Did my contractor
  216. 6:47agreement include an intellectual
  217. 6:49property assignment clause that
  218. 6:50transferred ownership of my work product
  219. 6:52to the company? I pulled up the
  220. 6:54agreement on my screen and searched for
  221. 6:55IP language. There was none. The
  222. 6:57contract was a single page that covered
  223. 6:59payment terms and a general
  224. 7:00confidentiality provision. Someone had
  225. 7:03found it on the internet or had it drawn
  226. 7:04up as cheaply as possible. Did I retain
  227. 7:06records of my work including analysis
  228. 7:08documents, clients strategy files, and
  229. 7:10proprietary systems I had built? I had 5
  230. 7:13years of obsessive documentation in a
  231. 7:14cloud backup that was entirely mine.
  232. 7:17Vivian was quiet for a moment. Then she
  233. 7:19said, "Under federal copyright doctrine,
  234. 7:21an independent contractor who creates
  235. 7:23original work retains ownership of that
  236. 7:25work absent a written assignment
  237. 7:26agreement. Cecily, do you understand
  238. 7:28what that means?"
  239. 7:29I did. I had understood it vaguely
  240. 7:31before I called her. Hearing her say it
  241. 7:33out loud made my hands go still on my
  242. 7:35keyboard.
  243. 7:36The client retention system I had built,
  244. 7:38the portfolio analysis frameworks I I
  245. 7:40developed, the proprietary market
  246. 7:42benchmarking methodology I had created
  247. 7:44and which the firm now used as the
  248. 7:45foundation of every client proposal. The
  249. 7:4741 accounts, many of whom I had brought
  250. 7:49in personally. None of it belonged to
  251. 7:51Callaway Property Advisors. It belonged
  252. 7:53to me.
  253. 7:54Vivian filed the copyright registrations
  254. 7:56within a week. She also pulled the
  255. 7:58payroll tax records through a contact at
  256. 8:00the state labor board and found what she
  257. 8:01expected. My father had been
  258. 8:03misclassifying my role for years to
  259. 8:05avoid employer side payroll taxes and
  260. 8:07benefits costs. The exposure was
  261. 8:08substantial. The IRS takes worker
  262. 8:10misclassification seriously,
  263. 8:12particularly when the misclassified
  264. 8:14worker has a clearly defined long-term
  265. 8:16role at the company. The potential back
  266. 8:17taxes, penalties, and interest were not
  267. 8:19a minor number.
  268. 8:21I spent 3 weeks after that operating
  269. 8:23exactly as I always had. I went to the
  270. 8:25office. I did the work. I answered
  271. 8:27client emails. I prepared the Q1
  272. 8:29portfolio reports. I attended the Monday
  273. 8:31morning staff meetings where Garrett and
  274. 8:32Mason discussed strategy they had not
  275. 8:34devised and my father nodded
  276. 8:35approvingly. I was the same person in
  277. 8:37every visible way. I was also filing an
  278. 8:40Ohio LLC, leasing a small office suite
  279. 8:42in downtown Cincinnati, and quietly
  280. 8:44having conversations with four of the
  281. 8:45firm's largest clients about their
  282. 8:47satisfaction with current service
  283. 8:48levels.
  284. 8:49The conversation with my father happened
  285. 8:51on a Thursday morning in late March. I
  286. 8:53had timed it deliberately. We had a
  287. 8:54major client presentation the following
  288. 8:56week, a pitch for a portfolio management
  289. 8:58contract with a regional hospital system
  290. 9:01worth approximately 3.5 million dollars
  291. 9:02in annual fees. My father and Garrett
  292. 9:04were planning to lead the meeting. The
  293. 9:06entire analytical foundation for the
  294. 9:08pitch, the market analysis, the fee
  295. 9:10modeling, the risk framework was work I
  296. 9:12had done.
  297. 9:13I sat down across from him with Vivian's
  298. 9:15cease and desist letter in a Manila
  299. 9:16envelope. I placed it on his desk. He
  300. 9:19looked at the envelope, then at me with
  301. 9:20mild curiosity, as though I had brought
  302. 9:22him mail he hadn't asked for.
  303. 9:24I said, "I'm resigning from the
  304. 9:26contractor arrangement effective today,
  305. 9:28and I need you to read what's in that
  306. 9:29envelope before Monday."
  307. 9:31He didn't open it right away. He looked
  308. 9:33at me for a moment with the particular
  309. 9:35expression he had used my whole life
  310. 9:36when he was deciding whether a situation
  311. 9:38warranted patience or dismissal. Then he
  312. 9:40said, "Cecily, this isn't the time for a
  313. 9:42performance. If you need more money, we
  314. 9:44can have that conversation after the
  315. 9:46hospital pitch."
  316. 9:48I said, "I'm not performing. Please read
  317. 9:49the letter."
  318. 9:51He opened the envelope. I watched him
  319. 9:52read the first page. I watched the
  320. 9:54expression change. It happened slowly,
  321. 9:56the way weather changes, but I had known
  322. 9:58his face my entire life and I could read
  323. 10:00it precisely. The first page established
  324. 10:02my copyright ownership of the
  325. 10:03proprietary systems and analytical
  326. 10:05frameworks. The second page itemized the
  327. 10:07misclassification exposure and included
  328. 10:09a preliminary calculation from a CPA who
  329. 10:11specialized in IRS employment tax
  330. 10:13disputes. The third page was a formal
  331. 10:15notice that my client relationships and
  332. 10:17work product could not be used in any
  333. 10:19future business activity without a
  334. 10:21licensing agreement negotiated through
  335. 10:22my counsel.
  336. 10:24He set the papers down and looked at me.
  337. 10:25He said, "Who put you up to this?"
  338. 10:28I said, "Nobody."
  339. 10:29He said, "Vivian Hart, I've heard that
  340. 10:31name."
  341. 10:32I said, "She's very good."
  342. 10:34He was quiet for a long moment. Then he
  343. 10:36said, "You're going to destroy this
  344. 10:37family over $46,000."
  345. 10:40I said, "I'm not destroying anything.
  346. 10:41I'm reclaiming what's mine. You had 5
  347. 10:43years to make this right. You called me
  348. 10:45a bad investment and put it in a
  349. 10:46drawer."
  350. 10:48His voice went very controlled. He said,
  351. 10:50"You will not take those client
  352. 10:51accounts. Those are Callaway clients."
  353. 10:53I said,
  354. 10:55"Three of those clients have already
  355. 10:56signed engagement letters with my new
  356. 10:57firm effective after this quarter's work
  357. 10:59is complete. The fourth is still
  358. 11:01deciding. That's their right under their
  359. 11:03current service agreements which don't
  360. 11:05contain non-solicitation clauses. You'll
  361. 11:07notice the pattern."
  362. 11:09He stood up. He was not a man who
  363. 11:11shouted, but the way he came out of the
  364. 11:12chair was like pressure releasing. He
  365. 11:14said, "I gave you everything. I gave you
  366. 11:16this company to work in. I gave you a
  367. 11:17future."
  368. 11:18I said, "You gave me a $46,000
  369. 11:20contractor arrangement and called me
  370. 11:22temporary. I built the rest myself."
  371. 11:25He said I was ungrateful. He said I was
  372. 11:27letting emotions override sound
  373. 11:28judgment. He said I was going to regret
  374. 11:30it. He said our grandfather would be
  375. 11:32ashamed. That last one landed somewhere
  376. 11:34the way he knew it would because I had
  377. 11:36spent my whole life trying to be worthy
  378. 11:37of a man who had actually seen me
  379. 11:39clearly. I took a breath. I said,
  380. 11:41"Granddad told me once that the only
  381. 11:43currency that mattered was trust. I
  382. 11:44think he'd understand."
  383. 11:46I picked up my bag and walked out.
  384. 11:48The fallout took about 6 weeks to fully
  385. 11:50materialize. Vivian filed a formal
  386. 11:52misclassification complaint with the
  387. 11:54IRS, which triggered an audit. The
  388. 11:55copyright notice created an immediate
  389. 11:57problem for the hospital pitch. My
  390. 11:59father could not present a proposal
  391. 12:01built on frameworks he didn't own
  392. 12:02without exposing the firm to an
  393. 12:04infringement claim, and attempting to
  394. 12:05rebuild the analysis from scratch in a
  395. 12:07week was not feasible. Garrett called me
  396. 12:09twice. The first call was hostile. He
  397. 12:12said I was making the family look bad
  398. 12:14and that I should think about what I was
  399. 12:15doing. I let it go to voicemail. The
  400. 12:17second call came 4 days later and his
  401. 12:19voice had changed. He said Dad wanted to
  402. 12:21talk about a partnership arrangement. I
  403. 12:23called Vivian and told her. She said to
  404. 12:25let it breathe.
  405. 12:26My father called me himself on a Sunday
  406. 12:28evening. It was the first time he had
  407. 12:30called me on a personal line in years.
  408. 12:32He sounded tired. He said he wanted to
  409. 12:33discuss a fair resolution. He used the
  410. 12:35word fair three times in the first
  411. 12:37minute. I told him Vivian would handle
  412. 12:39the negotiation and gave him her contact
  413. 12:41information.
  414. 12:42What they worked out was this. The firm
  415. 12:44licensed my proprietary systems for
  416. 12:46continued use at a structured rate. The
  417. 12:48three clients who had signed with my new
  418. 12:50company, Clarity Property Advisors,
  419. 12:51remained my clients. My father paid back
  420. 12:54payroll taxes and penalties through a
  421. 12:55settlement that was not publicly
  422. 12:57disclosed, but was not small. He did not
  423. 12:59get the hospital contract. That client
  424. 13:01eventually came to me after asking
  425. 13:03around.
  426. 13:04Mason never called. I wasn't surprised.
  427. 13:06The part that stays with me is not the
  428. 13:08money, though the money mattered, and
  429. 13:10I'll say that plainly because women
  430. 13:11aren't supposed to say it plainly.
  431. 13:13The money mattered. Five years of being
  432. 13:15underpaid while doing four times the
  433. 13:17work of people who were being paid four
  434. 13:19times my salary is not a symbolic
  435. 13:20injury. It has a number attached to it,
  436. 13:23and that number represents rent I
  437. 13:24couldn't save, retirement contributions
  438. 13:26I couldn't make, and professional
  439. 13:28investments I couldn't fund. The money
  440. 13:30mattered.
  441. 13:31But the part that stays with me is the
  442. 13:32moment I walked out of my father's
  443. 13:34office with my bag over my shoulder and
  444. 13:36stood in the elevator lobby and felt,
  445. 13:38for the first time in 5 years, that I
  446. 13:40was not holding up a ceiling, that the
  447. 13:42whole weight of other people's
  448. 13:43limitations was not resting on me
  449. 13:45because I had agreed to let it.
  450. 13:47I had been so afraid that leaving meant
  451. 13:49I was walking away from the proof that I
  452. 13:50was worth something. I didn't understand
  453. 13:53until I was standing in that lobby that
  454. 13:55the proof had never been his to give.
  455. 13:57Clarity Property Advisors has 14 clients
  456. 13:59now. We handle $280 million in portfolio
  457. 14:02value. I have three full-time employees
  458. 14:04and two contractors, and every
  459. 14:06contractor has an actual employment
  460. 14:07attorney review their agreement before
  461. 14:09they sign it, and every one of them
  462. 14:10knows exactly what they own. My father
  463. 14:12and I speak occasionally. It is polite
  464. 14:14and cautious and held at arm's length,
  465. 14:17the way you learn to handle something
  466. 14:18fragile when you finally understand that
  467. 14:20it is the container that's broken, not
  468. 14:22you.
  469. 14:23He told someone in our extended family
  470. 14:24that I took what wasn't mine. That
  471. 14:26person repeated it to me at a cousin's
  472. 14:28wedding last summer, clearly unsure
  473. 14:30which version to believe.
  474. 14:32I smiled. I said, "I took exactly what
  475. 14:34was mine. That was the whole problem."

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