Hello, i am a freelance programmer, one of my friend that work with a company approch me and ask me to join their company and offer me as a founder of the tech company, and work on their project.
This deal will required me to quit all my other ongoing freelance project and fully work on their project. At that moment i have a fixed client as i was working on an ongoing project that is keep changing on it’s requirements. (Basically i have a secure source of income and a secure work)
However, my friend approch me with this “sweet deal”, that have somehow make me to join them.
The deal was:
- Remote work (as they are based at a different location)
- Travel for meeting if required(cost covered by the company)
- Profit sharing
- Directorship of the company
- Taking salary basis every month
- Three months salary compensation if the deal does not work out (either the company think i am noy suitablr or i decided yo quit)
When we start the project i keep asking about the agreement that list all the detail about this deal. He keep avoiding and ignore that part(seems like he trust the company very much), end up we work on a non agreement basis with the company. The original deal has changed:
- no directorship
- no profit sharing
(Basically i am back to freelance basis just that i am taking salary from them, without any appointment letter or any other agreement was given or signed)
I felt cheated already, however i have no choice but to continue work for them. Until few days ago, there are this request from the director asking us to go work at oversea, as we do not wish to work oversea, we have decline the request.
Then the drama start, they have decided to fire me and my friend of the project and then find other team to take over the project.
I am totally fine with that as long as they pay the compensation they promised me. However, since we do not have a written agreement, they have choose to ignore and refulse to pay me the compensation. Now i am screwed...
Luckily, I still have their laptop with me.
My question is, if I do not sign any agreement with them nor they have given me anything to sign for taking their laptop, should i return their laptop after they have broken all their promise and basically screw me? If i do not return their laptop will i face any problem? In terms of law, and etc...
This is a very difficult decision for me as i have no experience in this wired and screwup situation...
As i do not have any on going project, i might have to sell that laptop and get some money to cover up my living cost as i find new work to do...
Please advise...
Thank you...
From Malaysia, George Town
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This deal will required me to quit all my other ongoing freelance project and fully work on their project. At that moment i have a fixed client as i was working on an ongoing project that is keep changing on it’s requirements. (Basically i have a secure source of income and a secure work)
However, my friend approch me with this “sweet deal”, that have somehow make me to join them.
The deal was:
- Remote work (as they are based at a different location)
- Travel for meeting if required(cost covered by the company)
- Profit sharing
- Directorship of the company
- Taking salary basis every month
- Three months salary compensation if the deal does not work out (either the company think i am noy suitablr or i decided yo quit)
When we start the project i keep asking about the agreement that list all the detail about this deal. He keep avoiding and ignore that part(seems like he trust the company very much), end up we work on a non agreement basis with the company. The original deal has changed:
- no directorship
- no profit sharing
(Basically i am back to freelance basis just that i am taking salary from them, without any appointment letter or any other agreement was given or signed)
I felt cheated already, however i have no choice but to continue work for them. Until few days ago, there are this request from the director asking us to go work at oversea, as we do not wish to work oversea, we have decline the request.
Then the drama start, they have decided to fire me and my friend of the project and then find other team to take over the project.
I am totally fine with that as long as they pay the compensation they promised me. However, since we do not have a written agreement, they have choose to ignore and refulse to pay me the compensation. Now i am screwed...
Luckily, I still have their laptop with me.
My question is, if I do not sign any agreement with them nor they have given me anything to sign for taking their laptop, should i return their laptop after they have broken all their promise and basically screw me? If i do not return their laptop will i face any problem? In terms of law, and etc...
This is a very difficult decision for me as i have no experience in this wired and screwup situation...
As i do not have any on going project, i might have to sell that laptop and get some money to cover up my living cost as i find new work to do...
Please advise...
Thank you...
From Malaysia, George Town
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You may have rights to sue for breach of contract,if any.Though things being verbal proof will be difficult. But retaining company laptop will be violation of law.
From India, Pune
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3251From India, Pune
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They do not have any document to proof that i am taking their laptop, will that change the situation?
From Malaysia, George Town
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From Malaysia, George Town
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Anonymous,
You know what you have done; that should be enough. Sue them for breach of contract if you want after discussing with lawyers. Two wrongs do not make a right; return their laptop and move on with life. Life is bigger than trying to screw one company with whom you have a grudge.
From India, Pune
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You know what you have done; that should be enough. Sue them for breach of contract if you want after discussing with lawyers. Two wrongs do not make a right; return their laptop and move on with life. Life is bigger than trying to screw one company with whom you have a grudge.
From India, Pune
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Dear Anamika,
Can you please let me know if the value of this laptop is equal to the monetary amount due to you as per our verbal discussion? Your contention that "They do not have any document to prove that I am taking their laptop" is not a valid argument to hold the same. From now on, take up assignments with written terms and conditions. This forum is for knowledge enhancement for compliance with the rule of law. Surprisingly, you are seeking advice on holding the company laptop? Have you not taken note of Mr. Nathrao's advice?
"There is a court higher than the court of Justice; it is the court of Consciousness, it supersedes all other courts." - Mahatma Gandhi
From India, New Delhi
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Can you please let me know if the value of this laptop is equal to the monetary amount due to you as per our verbal discussion? Your contention that "They do not have any document to prove that I am taking their laptop" is not a valid argument to hold the same. From now on, take up assignments with written terms and conditions. This forum is for knowledge enhancement for compliance with the rule of law. Surprisingly, you are seeking advice on holding the company laptop? Have you not taken note of Mr. Nathrao's advice?
"There is a court higher than the court of Justice; it is the court of Consciousness, it supersedes all other courts." - Mahatma Gandhi
From India, New Delhi
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Hello, thank you for the respond, it’s not rven half of what they suppose to compensate me...
I have been thinking for awhile for what Mr. nathron has said...
Basically i am screw either way and the company win.
This is a very sad real world situation that does not protect an individual and the company, who are rich and have the resources to play around always win.
All i can say is that, i am being bully and take advantage of, there are nothing i can do about it.
Thank you for all the reapond.
From Malaysia, George Town
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I have been thinking for awhile for what Mr. nathron has said...
Basically i am screw either way and the company win.
This is a very sad real world situation that does not protect an individual and the company, who are rich and have the resources to play around always win.
All i can say is that, i am being bully and take advantage of, there are nothing i can do about it.
Thank you for all the reapond.
From Malaysia, George Town
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