"You're not getting paid" When employers go bad!

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  • Blaz
    Blaz Posts: 89 Forumite
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    paulwf wrote: »
    To be honest I would just move on and spend your time and energy on finding a new job, you'll get much better reward from it in the long run.

    You've just graduated and you've had a nasty reality check into what full time career jobs can be like. I expect quite a few people here have started a new job and walked out after a few days - I certainly have. It's just part of life, it doesn't happen that often but sometimes you have to know when to cut your losses.

    Technically the employer owes you the money. On the other hand you haven't submitted any work to him (it sounds like you intentionally witheld it) then went sick when you weren't. Although this isn't a legal position I don't think either party owes each other anything. The boss doesn't sound like a nice character and you never know when you'll bump into someone. Move on, forget it and get job hunting.

    I had no reason to intentionally withhold my work, its me losing out. As I have mentioned I took it home to work to maybe impress my stupid x boss. Okay i was in 2 minds on whether to stay in the job but id still rather get paid 4 days wages. I thought getting confirmation over email was enough to prove that he promised to pay its in balck and white! Im not witholding work, he refused it ... im entitled to be paid!
  • paulwf
    paulwf Posts: 3,269 Forumite
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    Blaz wrote: »
    I had no reason to intentionally withhold my work, its me losing out. As I have mentioned I took it home to work to maybe impress my stupid x boss. Okay i was in 2 minds on whether to stay in the job but id still rather get paid 4 days wages. I thought getting confirmation over email was enough to prove that he promised to pay its in balck and white! Im not witholding work, he refused it ... im entitled to be paid!

    Sorry I misread your original post. It still seems a bit fishy as if you'd done 4 days work surely you'd have backed it up in a separate place, especially as USB sticks are notoriously unreliable? I couldn't imagine any developer not backing up to hard drive daily.

    Anyway that's all academic...I still think you should just chalk it up to experience and move on. You risk getting very wrapped up in this and making an enemy when your efforts should be concentrated on job hunting.
  • Freddie_Snowbits
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    Blaz wrote: »
    Here are the emails, is this a contract then ? -

    Hi ***,

    >>> could you send me some brief details about the job just so
    >>> i
    >>> have written confrimation of how much ill be on, is it hourly pay or a
    >>> salary. Do i get paid monthly or weekly. / confrimation of daily hours
    >>> and
    >>> how many hours a week. and what days of the week ect.
    >>>
    >>> Cheers
    >>>
    >>> ***


    >> Hi ***
    >>
    >> I can confirm that you will begin employment with company name here
    >> on Thursday July 22nd.
    >>
    >> Company name and address is written here
    >>
    >> Hourly rate will start at £6.50 per hour plus bonuses (With reviews)
    >> Hours are : Monday - Friday 10am to 6pm.
    >>
    >> Regards
    name here
    >> M.D.

    3 Years at Uni, Student Debt and you accept a job at shelf stacking rates!
  • Blaz
    Blaz Posts: 89 Forumite
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    3 Years at Uni, Student Debt and you accept a job at shelf stacking rates!

    You gotta start somewhere, better than the dole. I know graduates who work for free for some companies in the hope that theres a job somewhere down the line.
  • Freddie_Snowbits
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    Blaz, if you wanted to do websites, why go to university? I have not got a degree and I do pictures and video! One guesses you wanted a job, but in reality you will need t freelance if you are to do this type of work. That way, you will have to learn how to toell people what you are going to do, cost it and do it.

    Also, take out those teath, some people you will work for, you will not like. FULL STOP. Just that they are going to pay you. Get in touch with Business link for starters or other sources.

    Good Luck
  • Blaz
    Blaz Posts: 89 Forumite
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    Blaz, if you wanted to do websites, why go to university? I have not got a degree and I do pictures and video! One guesses you wanted a job, but in reality you will need t freelance if you are to do this type of work. That way, you will have to learn how to toell people what you are going to do, cost it and do it.

    Also, take out those teath, some people you will work for, you will not like. FULL STOP. Just that they are going to pay you. Get in touch with Business link for starters or other sources.

    Good Luck

    I went to Uni coz i wanted to learn more about web design, plus i thought having a degree would improve my chances of a better job. So far it is yet to be proved, I have worked for idiot bosses before this guy was unreal, asking me to steal ppl's work online and pass it off as my own, he told me my degree is worth f**k all ... he was just a terrible person to work for, i only took the job coz i was desperate. Next time ill listen to my suspicions.
  • Blaz
    Blaz Posts: 89 Forumite
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    Ok I jus sent him this in an email earlier today ...

    Dear ***,

    Please handle this as a grievance

    On 2 August 2010 I made a request to you for my final wage, I feel I must now remind you that you have a legal obligation to pay me all monies due under section 13 of the Employment Rights Act 1996 where the worker shall not suffer unlawful deduction of wages..

    If I do not receive a cheque for my final wage of £208.00 within ten (10) days of the date of this email, I will have no choice but to file for an Employment Tribunal to recover them for me.

    You can post a cheque to:


    A copy of this email will also be sent via recorded post, this letter will also contain a CD containing files of all work completed by myself.

    I await your response.

    ****

    He replied with this TEXT message!!?

    Are you sure u wanna opne this can of worms... As u will be liable for tax and ni ... No jsa benefits for 6 months and i will notify ur nxt employer of the actions u have taken... Not to mention the theft wud carry legal implications... If u wanna f**k with me u shud at least know who and what ur fcking with .... So do urself a favour cut your losses and spend ur time wisely looking for a new job. All the best!

    What a cheeky %^&*!!
  • SarEl
    SarEl Posts: 5,683 Forumite
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    Blaz wrote: »

    He replied with this TEXT message!!?

    Are you sure u wanna opne this can of worms... As u will be liable for tax and ni ... No jsa benefits for 6 months and i will notify ur nxt employer of the actions u have taken... Not to mention the theft wud carry legal implications... If u wanna f**k with me u shud at least know who and what ur fcking with .... So do urself a favour cut your losses and spend ur time wisely looking for a new job. All the best!

    What a cheeky %^&*!!

    Damn - this was what I was worried about. He is going to argue this as a contract of service, not an employment contract. Perhaps not elegantly put - but this will not get held against him in court, only the argument about whether it is a contract for service or a contract of employment. Down to you - call his argument or don't. As I said before, based on what you have said, I couldn't call the judgement. Sorry!
  • Blaz
    Blaz Posts: 89 Forumite
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    SarEl wrote: »
    Damn - this was what I was worried about. He is going to argue this as a contract of service, not an employment contract. Perhaps not elegantly put - but this will not get held against him in court, only the argument about whether it is a contract for service or a contract of employment. Down to you - call his argument or don't. As I said before, based on what you have said, I couldn't call the judgement. Sorry!

    I dont know ya knw, he hasnt stated anywhere that it was a term of service. When he mentions legal implications and theft, well there was no contract contract that i signed, or IT policy not even a verbal indication that i wasnt allowed to take the files home, im pretty sure someone said the files belonged to me because im not an official employee. So surely he doesnt have a leg to stand on with that one?
  • paulwf
    paulwf Posts: 3,269 Forumite
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    Blaz you said he ran some kind of loan shark company. Presumably with some rather unsavoury debt collectors? Be careful please.
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