Pay issues with Employer
- Thread starter EGuitarStar
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Soldato
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What did you buy for the company? Can you prove it was for the company rather than for yourself?
But the issues with pay started 5-6 months ago... so you've just been sitting on £3k credit card debt for that length of time, without making a serious attempt to get it back, or seek advice before now?
(And it's even more worrying that one of the payments was "to HMRC" - so not only purchasing goods but paying tax bills on behalf of the business too?)
I'm not sure a formal letter now is going to magically fix the situation, to be honest; seems more likely that it will trigger the owner to wrap up the business and run. If you haven't got a CV out there and applications in for other jobs, get on it.
It is a limited company, he is director and I am the only employee but it is me who does all the work.
Is it bad for me to go after his clients? Many of whom he will not be able to support as he does not have knowledge and I think they'll be more than happy to work with me.
I've made credit card payments nearly amounting to 3k
IF you go after his clients then you could get some jail time, so don't do it!
Get out of there and look for a new job.
Personally I would want the pay slips first and foremost, its one thing to be out £3k and some wages, its another to be out £3k some wages and have HMRC chasing you for tax.
My tactic would have been to ask for him to provide updated payslips under some pretext, like renting a new place and needing to prove income, to avoid setting off any alarm bells. Once I had these I would send the letters demanding payment for wages and credit card bills.
Worse case scenario is that he can't afford to pay you, hasn't been paying tax on your behalf and dissolves the company leaving you with the bill.
Good luck.
My tactic would have been to ask for him to provide updated payslips under some pretext, like renting a new place and needing to prove income, to avoid setting off any alarm bells. Once I had these I would send the letters demanding payment for wages and credit card bills.
Worse case scenario is that he can't afford to pay you, hasn't been paying tax on your behalf and dissolves the company leaving you with the bill.
Good luck.
Soldato
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Not exactly sitting on, he has on one or two occasions paid after I have pestered him but only the minimum monthly due. Otherwise I've been notifying him about the balance in total with interest and paying minimum amount.
And yes, the payment to HMRC was related to tax before I made payment I am certain that I saw that anyone could pay this.
I've got a couple of my own clients and I am going to just take his clients that I know he wont be able to manage. He has a family to feed so closing up and running away is not an option. Dealing with the matter at hand I think will be.
The formal letter I sent has now suddenly prompted to say that he is going to call me at 6PM. I've requested emails only as I want to keep a record of what we agree on or say.
whatever you do DO NOT take his clients! unless you like bum fun in the prison toilets!
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Why? I signed no contract that said I could not go for his clients after I leave the business or even during.
I only agreed to be an employee of the company and this was all done via email!
I know some of his clients will be more happy with me than him.
Soldato
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This was my contract:
Thank you for attending the recent interview for the role of Job Title with Company Ltd.
Subject to satisfactory reference checks, I am pleased to confirm what we have discussed in writing:
- An offer of employment week commencing 30 July 2012
- You are contracted for x days per week at the full time equivalent of £xx,xxx p.a. Therefore your pro-rata salary will be £xx,xxx p.a. or £x,xxx per month gross
- You are to work x days per week.
- You are entitled to 4 weeks pro-rata of annual leave in additional to statutory bank holidays (should any fall on your contracted days of employment)
- Your normal place of employment will be an address
Please note a full written contract is to follow listing a breakdown of the role, expectations and all relevant procedures.
Never got a full written contract.
Thank you for attending the recent interview for the role of Job Title with Company Ltd.
Subject to satisfactory reference checks, I am pleased to confirm what we have discussed in writing:
- An offer of employment week commencing 30 July 2012
- You are contracted for x days per week at the full time equivalent of £xx,xxx p.a. Therefore your pro-rata salary will be £xx,xxx p.a. or £x,xxx per month gross
- You are to work x days per week.
- You are entitled to 4 weeks pro-rata of annual leave in additional to statutory bank holidays (should any fall on your contracted days of employment)
- Your normal place of employment will be an address
Please note a full written contract is to follow listing a breakdown of the role, expectations and all relevant procedures.
Never got a full written contract.
Out of curiosity, if the owner was the wrap up his business whilst still in debt to the OP would the owner still have grounds for breach of contract and the like?
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There is no contract that I signed, so I guess I could go after them today
No, the company would no longer exist so wouldn't have any clients to poach. At least that's how I'd see it.
Doesn't matter at all in the contract or not. There are lots of things that are not in that contract, e.g. it doesn't say you can't murder him when you don't get paid but other laws cover that.
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Of course there are certain things which can and cannot be done. But my previous employer had a clause which I signed which stated I could not approach their clients for 1 year from the date which I leave employment, that I took as legally binding as both parties had agreed on it.
This is just competition like businesses have, I approach past clients and offer them a better service maybe even something which saves them money. They choose whether they join me or not.
Edit: Reading online, unless there was a clause which we agreed on there is nothing standing in the way. Of course it is not good practise to do so.
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It doesn't matter if there is a clause or not. most contracts should have that clause explicitly but its absence doesn't change the legal nature of stealing business contacts and clients. The client information held by the company is not public information, therefore taking that private information and exploiting it for your own gain is illegal regardless of what you have signed or not.
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I shall look more into this. Thanks for bringing it up.
I guess then I'll wait for clients to contact me, they have my mobile number as the employer did not provide me with one.