How would you act in this situation

Water Cooler Careers
#1

I am a citizen of one European country who lives in this country for nearly 2 decades. I worked for the Executive Boards of large mid-sized corporations and never, ever was my language an issue. Yes, I am not a native speaker but I am gifted in languages, and speak a few fluently. I also am of no exotic background which would make my accent hard to interpret.

Recently I landed in a job search situation. It was a trial month. The company turned out to be a flux - glossy on the outside (chic office, owner as THE media person), empty on the inside (see related topic). On the paper, the firm is hiring on all positions. The owner is famous. So I told myself that it may be a temporary turn and so I went to impress them. But I was being continuously told by seniors that my language is a problem, they make immense effort listening to me (also see the related topic). I was also told that they made a bad experience with a person from my ethnic background.

Finally I received a letter stating that “our clients, COUNTRY X mid-sized companies prefer nothing but the purest language and this is the reason we will not be offering you a contract”. I discussed it with my ex-boss and with the professionals at the employment office and they all were at rage.

On my last day the owner told me that he may offer me a position at his other firm, but that he has to make some phone calls. This other firm has no website, is registered at the same address as this company, moved at least 5 times over the past 10 years, and has one, sole owner! (guess who?). The street the owner claims that new firm is on has nothing but gated private mansions.

The moment I walked out of this office the ex-worker (the one they made bad experience with) I have been tracing for over a month sends me a message. I call him back. The person -ex-lawyer of this firm - sounded scared to death yet he confirmed some facts and told me that 1) all 3 juniors still working there are someone’s children 2) I may not be paid, the owner is at law suits over salary with many parties including this person. In the end the person has humbly asked me if the owner is ever attending the office (every day! ordering fatty takeaways 2-3 times a day) as - so the judge - he is undergoing the heart surgery and can not attend court hearings for months. In fact, I remembered the owner loudly announcing that he is off to see his heart doctor but told me it was a pure check.

Next day I called the owner asking about the salary transfer date and was told to never ever call there or he will send me a letter from the judge forbidding further contact, whereby I may be held accountable for the costs. So the scary scenario is being materializing. Apparently the alternative offer was just a flux an an attempt to have me end my work there in a good spirit.

Obviously the salary is not legally due until a couple more days, but it is not going well.

But even if he pays me, should I just walk away? This is a case of fraud that should be reported right?

What would you do?

#2

I guess this is the TLDR: 1. You worked temporarily for a company for a month 2. They decided to not offer you a contract 3. They offered you a shady second job instead (or excuse to let you go) 4. Ex-employee had bad things to say about the company 5. Your boss is likely not going to pay you, threatening to sue Dude - run. Take your 1-month loss. And run.

#3

Sounds like the United States, you did not specify only “this country”.

Unfortunately criminal organizations like this are common, and US law does little, they care more about protecting criminals. I’d 1) see if you get paid first, and 2) spend a little time looking into justice. Obviously they are attempting to keep everyone quiet, so the sweet move would be to get together a group of people who have been screwed, and make noise. At minimum you can report them to the various agencies that monitor whatever kind of business this pretends to be.

Everyone is a beat-dog in the United States, they think how poster Tactics thinks, that’s how these criminal organizations thrive.

#4

Actually, it is a country in Europe with decent labor legislation. But smaller companies are a different matter.

They sent me a letter today - the tone is panic, accusations of me being uncontrollable, ungrateful (ridiculous!) and threats. In brief:

  1. sign this confidentiality agreement and return by very soon, until then - no money and immediate law suit

  2. do not approach our office or owner’s mansion (I have no clue as to which town he even lives in!)

  3. never ever even imply talking bad about us to a third party, or - we will find you and sue you

On every occasion, there are threats - of immediate ! criminal ! suits with monetary penalties and criminal entries. Confidentiality paper is also quite odd - I have never seen so many options for suing people to the tilt.

Also, my long abandoned, empty social network profiles were suddenly visited by odd individuals, some employed by the firm, some simply affiliated with them. Obviously, they were looking for something.

I am starting to wonder what is their business exactly.

#5

This is exactly what can not be done in this case. They are - how should I better put - very present. Very!

I feel like in a bloody Grisham’s novel except that it is not funny at all.

#6

Yeah, that’s not fun. Obviously a scam business, they know it, they know you know it…so NDAs and threats, and maybe you if shut up you’ll get paid, or maybe not.

Sounds like a Donald Trump business!

#7

Nothing out of the ordinary, so the ex-lawyer.

I might think of many more inconsistencies regarding personal resume of the owner. However, not sure I should be digging into that.

#8

You never let an opportunity escape to bash the US do you?

#9

Received another email today, this time he was nervous, the email is full of mistakes.

Summary:

  1. Sign NDA and I will pay you

  2. You are angry, angry person, not like that lawyer (sorry, buddy, cannot afford being nice, gotta pay the bills)

  3. Explanations about that lawyer - he never said anything but… (who cares?)

Somehow I am a little low on trusting 1 so still contemplating.

#10

Why on earth would you sign an NDA in return for money that he owes you in the first place? This will protect him and offer no benefits to you.

In any case, your relationship with this company and manager has been destroyed. You have no future in this company. Do what you can to get your due pay, and then get as far away as possible.

#11

Criminal companies don’t function on honor, and they don’t follow the law, the word “owe” means nothing to them. Hence the problem.

You could try “I don’t appreciate verbal attacks, if I do not see my money in one day, I’ll see you in court”. Balls strategy. This is a criminal enterprise, they do not want to go to court, and are getting nervous.

#12

Just let it go, not like you wasted much time.

#13

That’s how these criminal organizations persist, everyone is weak and won’t stand up for their rights.

#14

The lawyer I talked to was of the opinion that the NDA is unnecessary.

So currently I have two options:

  1. Trust the lawyer: pay him a retainer, wait for him to assess the situation. If things go well, I lose the retainer and I will not cover the living expenses with the remaining salary. But I am immune against the negative turn, the lawyer will catch me, if, of course, for an additional fee.

  2. Trust the owner with his latest promise “sign, get cash and let’s forget we have ever met each other”. Better option money-wise unless… that manager lies to me. In that case I can still hire the lawyer.

The relationship with the manager and this firm is something that could not have been changed. Before I started there, I found some odd assessments of this firm on relevant websites, some missing words, some referring to endless arrogance of the owner. NDA or not, I suspect the insiders know the true state of business. But I am also planning to move abroad so it does not really matter than much to me.

#15

Is the monetary investment in legal counsel/procedures, personal time, and added stress/hassle worth the wages for 1 month? (it was an internship so I doubt we’re talking about a substantial amount of money).

#16

We are talking about a month’s salary, close towards the worst-case pay for a professional like myself. With a lawyer, I would be better off than zero but worse off than having lived off the unemployment benefit during this month. I can not ignore the money for personal reasons.

The lawyer is useful if (a) things turn bad (b) we can claim more (certain cash outflow, uncertain cash inflow).

If I knew in advance, believe me, porridge on my menu would taste like caviar/ lobster/ you name it.

#17

Lawyers aren’t cheap, even if its pro-bono it’s still a huge hassle in terms of risk-reward. There’s a reason why most whistle blowers can’t find jobs afterwards.

#18

Exactly. Even if the employee wins the case, the potential employers might be wary to hire such a “trouble” person and that is exactly why crooks go on thriving.

However, sometimes only the lawyer can save you from taking matters to court.

#19

I’ve always liked mega escalation as a strategy.

At the slightest offense escalate as fast and far as possible, and after each move of the opponent, escalate further, as each move opens new opportunities for escalation. Beyond the beyond, to the death, with 0% probability of backing down. Learned it from the Koreans, Trump does it too.

The opponent has a strong incentive to settle fast. And when wussy moves are the assumed response (as all employers assume) it has the added advantage of surprise. cool

#20

Just tell him you will sign the NDA once you receive the money you are owed. If he has any intention of paying you, he will submit.