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Urgent : Company acting illegally?

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Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    1/2 time.

    I would not resign but work with the czech side of things to resolve any issues, play on the you have been hard done by being recruited etc. if these guys are decent with a rouge UK MD they may come good. if not it's not a lot of time wasted. Just watch for them being as bad.
  • marybelle01
    marybelle01 Posts: 2,101 Forumite
    FireWyrm wrote: »
    Tell me two wrongs don't make a right when you are literally broke with no food in the house and no money to buy it with. No, a laptop isn't edible. It is however something resembling leverage when it comes to forcing them to cough up my pay at the end of the month. Don't tell me that companies are 'obliged' to pay you for time worked because I damned well know that. However, there are two previous occasions in my life where employers have simply ignored the law and not paid me...in reality, there isn't a damned thing you can do about it if they decide not to pay you. Having paid the £5.99 for their accounts at companies house, I can tell you that the company is in an even worse position than I had feared. Their net capital posted in August was £100. My MD is already manifestly guilty of not paying contractors because as I mentioned, I know of one who is allegedly owed £50K.

    I was only exploring the possibility of doing this when you jumped on your high horse and declared it as 'theft'. As it happens, if I don't get paid at the end of the month, it will be difficult to go another month on what I have to hand but not impossible. However the last time some venal company decided to so this to me, I ended up not eating for 7 days. I am, as we all are, sailing damned close to the wind each month. It's a situation I am working to extricate myself from, but I am far from being able to withstand this type of knock. My only concern is to ensure I get paid at the end of the month. I don't want the laptop or anything else of theirs...theft usually involves some form of covetous intent. I am concerned about being able to buy food, it's a whole different level of meaning, believe me.

    "Manifestly guilty " of something "allegedly " done? Is that the same thing as not paid you your wages when they aren't yet due? I have never said you shouldn't be paid your wages - when your wages are due. But the only way that a laptop puts food on a table is if you sell it. Since it isn't yours to sell then that is theft. It's no high horse - it's fact. Coveting has nothing to do with it - you are confusing the law and the Bible. But you clearly only want advice that suits what you have already decided,so there is little purpose in my continuing to point out that the employers response to your intended threats may getting you a very different result than the one you have in mind.
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    1/2 time.

    I would not resign but work with the czech side of things to resolve any issues, play on the you have been hard done by being recruited etc. if these guys are decent with a rouge UK MD they may come good. if not it's not a lot of time wasted. Just watch for them being as bad.

    I had come to the same conclusion. I have emailed the sales director stating that HMRC are enquiring as to my current employer and require the PAYE number. I am playing innocent at the moment. As far as it goes, I am still employed although I have no intention of being there a second longer than necessary. The laptop will stay in it's case here in my house until it is requested, whereupon it will be returned in good order. However, they don't know that. In any case, it will be returned in my final day. If I don't get paid, then I will be informing HMRC of their irregular activity. I will consider potential destinations for the company accounts I got from CH as things develop. If I don't hear from my MD by 1600 on Monday, I'm emailing the other MD with a full account of the facts and appealing to his better nature. However, he's either blind, stupid or incompetent to have this person as his business partner, so I don't trust him much either.

    With a bit of luck, I'll get something on the 25th and I can leave this whole sorry mess behind me. I expect to lose 6 days leave pay and have a fight with HMRC for the money owed, but at least I did manage to squeeze my expenses out of them. I at least have somewhere to go.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    they posted capital of £100 in August!

    Is that £100 their paid-up share capital?

    I still wonder whether the £100 you mention is the share capital. Is that the case?
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    I still wonder whether the £100 you mention is the share capital. Is that the case?

    There is a line that says 'called up share capital not paid' and the value is 0. A bit later on it says the same but £100 beside it. Net book value is a little over £2000 at the end.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
  • silvercar
    silvercar Posts: 50,025 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Do you know that the laptop isn't leased?

    Share capital is just that. It won't change by the value of the company.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    FireWyrm wrote: »
    There is a line that says 'called up share capital not paid' and the value is 0. A bit later on it says the same but £100 beside it. Net book value is a little over £2000 at the end.

    So don't let that £100 lead you to believe the company is in trouble. It doesn't mean that is what the business was worth at the end of the year.
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    The laptop isn't leased because I picked it up from the supplier. It was bought on a credit card (which bounced the first time).

    I've made my decision to leave. There are other things going on that indicate instability in the business and from a career point of view, I was wasting my time there. My probation is up and as of the first of April, I would have to give two months notice rather than 1 week. They are clearly using my professional qualifications to front the company as something it is not and facilitate trade which would otherwise be difficult. I had my suspicions something was up just weeks after starting and I remain convinced the MD is not what he portrayed in the interview.

    Their assets will be returned in good order as I have indicated. My professional reputation is worth far more than it. It now is a matter of timing. I am taking a day off on Monday, so I have bought some time for the payroll to run. I hope he can't stop it once the draft is signed off. Worse comes to worse, I can just walk out at the end of the week. I am hearing that their professional reputation on the other hand is in tatters across the business (not my doing either), just sharp practice. I can no longer afford to be associated with them.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
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