Company didn't pay last month consultancy fee
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Someone I know joined this company from US and was asked to do consultancy work (pure software development). There was no contract, nothing. Not even joining formalities. It was purely on the basis of previous relationship of this person with the company that originated 3 years back. Things didn't go the way they were projected so the fellow decided to quit after 2 months. He was payed the first month's salary but even after repeated emails/phone calls the company is not responding or releasing the 2nd month's salary. What would be the best way to settle this issue? I know the guy is sincere and really wanted to help him out.
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Someone I know joined this company from US and was asked to do consultancy work (pure software development). There was no contract, nothing. Not even joining formalities. It was purely on the basis of previous relationship of this person with the company that originated 3 years back. Things didn't go the way they were projected so the fellow decided to quit after 2 months. He was payed the first month's salary but even after repeated emails/phone calls the company is not responding or releasing the 2nd month's salary. What would be the best way to settle this issue? I know the guy is sincere and really wanted to help him out.
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Someone I know joined this company from US and was asked to do consultancy work (pure software development). There was no contract, nothing. Not even joining formalities. It was purely on the basis of previous relationship of this person with the company that originated 3 years back. Things didn't go the way they were projected so the fellow decided to quit after 2 months. He was payed the first month's salary but even after repeated emails/phone calls the company is not responding or releasing the 2nd month's salary. What would be the best way to settle this issue? I know the guy is sincere and really wanted to help him out.
He doesn't have a lot he can do: 1) Abandon all claim to the money. 2) Talk nicely to the company and persuade them to do the right thing. or 3) American equivalent of the small claims court. Since he appears to have tried (2) and doesn't want to do (1), then only leaves (3). Involving lawyers will be a frustrating (and frequently expensive) experience, which will almost certainly sever any relationship his has with the company pretty thoroughly.
Ideological Purity is no substitute for being able to stick your thumb down a pipe to stop the water
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Someone I know joined this company from US and was asked to do consultancy work (pure software development). There was no contract, nothing. Not even joining formalities. It was purely on the basis of previous relationship of this person with the company that originated 3 years back. Things didn't go the way they were projected so the fellow decided to quit after 2 months. He was payed the first month's salary but even after repeated emails/phone calls the company is not responding or releasing the 2nd month's salary. What would be the best way to settle this issue? I know the guy is sincere and really wanted to help him out.
Forget it and move on and don't get caught that way again. Never work without a contract. NEVER!!!
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
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Someone I know joined this company from US and was asked to do consultancy work (pure software development). There was no contract, nothing. Not even joining formalities. It was purely on the basis of previous relationship of this person with the company that originated 3 years back. Things didn't go the way they were projected so the fellow decided to quit after 2 months. He was payed the first month's salary but even after repeated emails/phone calls the company is not responding or releasing the 2nd month's salary. What would be the best way to settle this issue? I know the guy is sincere and really wanted to help him out.
Divya Rathore wrote:
There was no contract, nothing. Not even joining formalities
I'm no expert, but I think he's out of luck because of this. It's kind of naive to do something like this with a contract (or something in writing), they should probably consider it a lesson learned and move on IMHO.
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Forget it and move on and don't get caught that way again. Never work without a contract. NEVER!!!
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
mark merrens wrote:
Never work without a contract. NEVER!!!
There are those amongst us who would work for love or friendship, for their country or religion, even for what they believe is a higher altruistic call to share. But any of these reasons is suspect, the search for money is the only true and worthy reason. Remember as they say at the guild - Nil Mortifi Sine Lucre. Oh, and always give a receipt.
Panic, Chaos, Destruction. My work here is done. Drink. Get drunk. Fall over - P O'H OK, I will win to day or my name isn't Ethel Crudacre! - DD Ethel Crudacre I cannot live by bread alone. Bacon and ketchup are needed as well. - Trollslayer Have a bit more patience with newbies. Of course some of them act dumb - they're often *students*, for heaven's sake - Terry Pratchett
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mark merrens wrote:
Never work without a contract. NEVER!!!
There are those amongst us who would work for love or friendship, for their country or religion, even for what they believe is a higher altruistic call to share. But any of these reasons is suspect, the search for money is the only true and worthy reason. Remember as they say at the guild - Nil Mortifi Sine Lucre. Oh, and always give a receipt.
Panic, Chaos, Destruction. My work here is done. Drink. Get drunk. Fall over - P O'H OK, I will win to day or my name isn't Ethel Crudacre! - DD Ethel Crudacre I cannot live by bread alone. Bacon and ketchup are needed as well. - Trollslayer Have a bit more patience with newbies. Of course some of them act dumb - they're often *students*, for heaven's sake - Terry Pratchett
:thumbsup:
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
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Forget it and move on and don't get caught that way again. Never work without a contract. NEVER!!!
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
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Someone I know joined this company from US and was asked to do consultancy work (pure software development). There was no contract, nothing. Not even joining formalities. It was purely on the basis of previous relationship of this person with the company that originated 3 years back. Things didn't go the way they were projected so the fellow decided to quit after 2 months. He was payed the first month's salary but even after repeated emails/phone calls the company is not responding or releasing the 2nd month's salary. What would be the best way to settle this issue? I know the guy is sincere and really wanted to help him out.
Divya Rathore wrote:
Someone I know joined this company from US
And what does that mean exactly? Is the company in the US? Is the person in the US? If so then most places in the US allow for small claims courts. At least some small claim courts specifically disallow lawyers. They also disallow many delaying/costly options that full court does. Since the person was paid one month that proves a financial association which should go a long way towards proving a contract (a written contract is not needed.) However they should be prepared to present evidence that they did work in the second month. One can also proceed socially by attempting to get media interested or posting online. Depending on specifics one resolution to that is to pay off to get the problem to go away. Posting online is more problematic since one must be careful about how one expresses the problem.
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mark merrens wrote:
Never work without a contract
At least in the US contract law is not limited to written contracts. A written contract provides a better scope and proof but it is not the required.
A verbal contract isn't worth the paper it is written on.
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
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A verbal contract isn't worth the paper it is written on.
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
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I understand what you're saying, but there's no need to look at him in that tone of voice
If it moves, compile it
I'm sorry, I'll feel that again.
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
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A verbal contract isn't worth the paper it is written on.
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
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mark merrens wrote:
A verbal contract isn't worth the paper it is written on.
Which doesn't seem to have anything to do with the OP nor with my statement.
I was being funny. Presumably you switched your sense of humor off when you signed in.
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
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I was being funny. Presumably you switched your sense of humor off when you signed in.
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." Red Adair. nils illegitimus carborundum me, me, me
A lot of people think they're funny. :)
"Real men drive manual transmission" - Rajesh.
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Someone I know joined this company from US and was asked to do consultancy work (pure software development). There was no contract, nothing. Not even joining formalities. It was purely on the basis of previous relationship of this person with the company that originated 3 years back. Things didn't go the way they were projected so the fellow decided to quit after 2 months. He was payed the first month's salary but even after repeated emails/phone calls the company is not responding or releasing the 2nd month's salary. What would be the best way to settle this issue? I know the guy is sincere and really wanted to help him out.
Hi All, Thanks a ton for the responses. I have passed on this forum link to my friend. Just to clarify you helpful lot, the company is from US and friend lives in another country. Generally not giving out any identity so as to not to cause any complications. I think talking the way out among the parties would be the best way out. Just being hopeful that common sense prevails. Else the lesson learnt would be worth every penny (lot's of them, actually! :) ) thanks to all!
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Someone I know joined this company from US and was asked to do consultancy work (pure software development). There was no contract, nothing. Not even joining formalities. It was purely on the basis of previous relationship of this person with the company that originated 3 years back. Things didn't go the way they were projected so the fellow decided to quit after 2 months. He was payed the first month's salary but even after repeated emails/phone calls the company is not responding or releasing the 2nd month's salary. What would be the best way to settle this issue? I know the guy is sincere and really wanted to help him out.
From the sounds of things, the contract, verbal or not, appears to have been for a term longer than 2 months. In many contracts, the party who breaks the contract is liable or some cost to the other party. In many cases like this where the contractor walks away prematurely the company is entitled to keep a portion of the salary as compensation. I don't agree with this process, but it does happen that way.
I wasn't, now I am, then I won't be anymore.
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From the sounds of things, the contract, verbal or not, appears to have been for a term longer than 2 months. In many contracts, the party who breaks the contract is liable or some cost to the other party. In many cases like this where the contractor walks away prematurely the company is entitled to keep a portion of the salary as compensation. I don't agree with this process, but it does happen that way.
I wasn't, now I am, then I won't be anymore.
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Marcus Kramer wrote:
In many cases like this where the contractor walks away prematurely the company is entitled to keep a portion of the salary as compensation
If the contract says that.
Agreed. In the case of a verbal agreement like this the terms become here-say and that is dangerous to everyone involved. That's why I'll never do or accept work without the terms of the agreement in writing.
I wasn't, now I am, then I won't be anymore.
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Someone I know joined this company from US and was asked to do consultancy work (pure software development). There was no contract, nothing. Not even joining formalities. It was purely on the basis of previous relationship of this person with the company that originated 3 years back. Things didn't go the way they were projected so the fellow decided to quit after 2 months. He was payed the first month's salary but even after repeated emails/phone calls the company is not responding or releasing the 2nd month's salary. What would be the best way to settle this issue? I know the guy is sincere and really wanted to help him out.
As somebody once said, a verbal contract isn't worth the paper it's written on
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