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similar case to shotdown!!!!! - RF Cafe Forums
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RF_dude
Post subject: similar case to shotdown!!!!! Posted: Fri
Jul 08, 2005 11:00 pm
folks,
There is a strangest thing that
happened to me. I got an offer from a swiss company...I worked for them
from USA while they had applied for my swiss work permit...
I almost worked for them for 1.5 months from here...finally time came
and I left USA ( at least I had prepared myself) for good....
but when i went there, they asked me to leave the company after
a week... saying they needed someone more experienced...
they
knew that I was a fresh RF grad...inspite of which they gave me a job...
n worst of all.. they did not even pay me for the work that I did
for them from USA...
they changed the contract thrice before
i resumed the job in switzerland.. had i known that it would be just
a bunch of immature fools in that company, i would have never left this
country...
I am plannin to sue them... any ideas/suggestions???
Top
IR
Post subject: Posted: Sat Jul 09, 2005 3:37
am
Site Admin
Joined: Mon Jun 27, 2005 2:02 pm
Posts: 373
Location: Germany
Hello RF_dude,
Of course
you can sue this company You can sue them for a breach of contract,
based on the fact that you applied for a given job description, which
was altered later. Not to mention the fact that you weren't paid for
the work that you did for them. Surely you can demonstrate the work
you did for them during that time as an evidence. You acted in good
faith with this company and they used it against you and didn't bother
to pay you the salary you were entitled according to the contract they
offered you.
Companies are doing such things because they assume
that most people won't drag themselves to court due to the high costs
involved in legal procedures. Yet someone, who has awareness to the
compensation that can be obtained woud make the effort. I am not from
the US, but I am sure that there are agencies that can help you out
with much lower costs than a private lawyer would charge.
By
the way does the name of this company begins with the letter X
Good luck!!
_________________
Best regards,
- IR
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RF_dude
Post subject: Posted: Wed Jul 13, 2005
12:14 am
Hey IR,
Yeah... I am searching for a lawyer in switzerland
to sue them (as lawyers here in US say that they cannot take an overseas
case)...
BTW.. you mentioned sumthin abt private agencies.. do
you know of any??
No, the company name does not start with X
(I know what company you are hinting at...cuz I had applied for a job
there too)....
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IR
Post subject: Posted: Wed
Jul 13, 2005 2:24 am
Site Admin
Joined: Mon Jun 27,
2005 2:02 pm
Posts: 373
Location: Germany
Hello again RF_dude,
I am very surprised that US lawyers say that they can't take an
overseas case. I am more than sure that a warning letter from a US lawyer
would make this company think twice if they want to drag themselves
into legal adventure. The case here is only a salary of 1.5 month and
maybe a compensation for the grievance you had (up to your decision)...
I don't know about any agency like that, I just assumed that there
might be agencies like that that can help you...There are agencies in
my country that help employees against emplyers who abused them, but
I don't know if they can help with overseas employers as well...
The Swiss employment law doesn't require an employer to give you
a written working agreement, and some of their employment laws stand
for the favor of the employer rather than the employee.
My advice
to you from an experience similar to yours, is to review the Swiss employment
law before applying to a Swiss lawyer, and this is for 2 reasons:
- To see on what exact basis you can sue this company based
on the Swiss law, which is the only law valid in this case if the lawsuit
would be in Switzerland.
- To be well prepared when you finally
find a suitable lawyer and by that save time and money (As we all know
lawyers are equal to leeches)
I am very surprised that a Swiss
company would do such a thing. I have always had a very good impression
about Switzerland as a country and Swiss companies in particular - expect
about the X company, which acted in an non-flexible way with me but
certainly didn't misled me.
Can you give a hint about the name
of the company, I hope you don't mind me asking? I am very curious about
it...
Good luck, please keep me posted
_________________
Best regards,
- IR
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kpainter
Post subject:
Posted: Wed Jul 13, 2005 12:53 pm
Colonel
Joined:
Wed Aug 20, 2003 11:47 am
Posts: 47
Location: Santa Barbara, CA
I can't imagine any lawyer is going to want to take your case. Lawyers
can charge $500/hour. I can only imagine what it would cost to fight
a company in a foriegn country. Seems like even if you win, it isn't
going to be for much. Sorry for you but you might as well move on.
Top
IR
Post subject: Posted: Wed Jul 13, 2005 12:57
pm
Site Admin
Joined: Mon Jun 27, 2005 2:02 pm
Posts: 373
Location: Germany
Hello kpainter,
You know
for the reason you gave companies abroad abuse candidates, because they
know that most people would act the way you mentioned.
Today it
was RF_dude, tomorrow it will be someone else - who knows might be even
you?!
A point worth thinking
_________________
Best
regards,
- IR
Top
kpainter
Post subject:
Posted: Wed Jul 13, 2005 9:54 pm
Colonel
Joined:
Wed Aug 20, 2003 11:47 am
Posts: 47
Location: Santa Barbara, CA
Hi IR,
Yes, I understand - of course they do and its too bad.
There ARE dishonest people out there!
But my point is what could
possibly be gained by suing these people even if everything goes well?
1.5 mo. in back salary? Would he be willing to clean out his savings
in order to attempt to recover that 1.5 mo. salary on principle? I think
the likelyhood of recovering any more than that is slim.
I highly
doubt it would happen to me. First, I probably wouldn't be interested
in working with a foreign company. Second, if I were, I would be very
wary. I wouldn't work for 1.5 months without being paid - especially
if it were a new relationship. That isn't because I am smart or anything
... just that I can't afford to go that long without $$$
I guess
buyer beware applies here. Experience points: +5
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guest
Post subject: Posted: Wed Jul 13, 2005 10:24 pm
But
what is the companies name???? We can make them pay by avoiding their
products and services! No one wants to deal with dishonorable companies!
Top
RF_dude
Post subject: Posted: Wed Jul 13, 2005
11:16 pm
Hey IR, kpainter
I agree that lawyers here are very
expensive...today I was talking to one who asked me for $700 for a two
hour consultation. I also agree that its not worth pursuing for the
salary..i want to do it for a coupla reasons:
-to teach them a lesson
so that they do not do it with anyone else
-they can potentially
earn lots using the work that i did for them from here..those people
didnt know anything about RF and wireless (I am not saying that I know
a lot..but I had researched tons for their project)
i would prefer
not to disclose the companies name..would just say that it is a new
company formed in 2002 (hardly few people working in it)... dealing
with USB analyzers....i was supposed to develop wireless usb analyzers
for them....(enough hint i think)....
anyone can give me suggestions/directions
on what to do next are welcome....
luckily enough, i got another
job in US....
Top
RF_dude
Post subject: Posted:
Wed Jul 13, 2005 11:19 pm
Hey kpainter,
I guess I have also
earned +3 experience points here inspite of being a recent grad ..i'm
glad this happened early in my career n not later....i'll b more careful
next time.. just joined them thinking that the job profile was great
and that I had a lot of scope in learning wireless, RF.. but fell on
the face..
Top
IR
Post subject: Posted: Thu Jul
14, 2005 1:27 am
Site Admin
Joined: Mon Jun 27, 2005
2:02 pm
Posts: 373
Location: Germany
Hello RF_dude,
Based on the hints you gave, I located the company that misled you.
Well if I was them, I wouldn't do such a thing that might ruin my reputation,
because they are starters as you mentioned.
My first advice
for you is to go to a lawyer specilizing in the Swiss employment law,
might be from US or from Switzerland. As I mentioned in a previous post,
a warning letter would make them think twice.
But- if you find
that a lawyer is too expensive, you can disclose the company's name:
After all if your story is true, then you are doing everyone here a
big favour, because other people would avoid approaching them and even
buying their products. A company that misled applicants, can misled
also customers. After all, the world today is a small village and this
would hurt them more than any lawyer in the world.
You have
nothing to fear here, as posting their name would not be considered
as slandering or defamation of character.
Good luck for you anyway!!
_________________
Best regards,
- IR
Top
IR
Post subject: Posted: Thu Jul 14, 2005 7:32 am
Site Admin
Joined: Mon Jun 27, 2005 2:02 pm
Posts:
373
Location: Germany
Hello kpainter,
RF_dude did his
work for the Swiss company from the US, based on good faith and a viable
working contract signed with them. I don't think that there is something
wrong with that. On the contrary, he showed initiative here to begin
the work before the formal starting date. In return, these bastards
used it against him and didn't bother to pay his salary.
The
case of getting just a 1.5 month salary back or more is all dependant
on the law, the lawyer and his will. Morevoer, in many cases the side
who is forced to pay compensation also pays the court's, including the
lawyer's fees.
I truly understand RF_dude, because I am the
guy who published the case about the New Zealand company. I have had
similar experience with overseas employer. However, New Zealand is much
more primitive country in terms of employment law than Switzerland.
I started with legal procedures, but quickly realized based on the law
there and on the advice I gto from a senior employment advocate (A professor
of employment law in Wellington University) that the law explicitly
stands to the favour of the employer rather than the employee. In Switzerland
the law is more advanced and therfore the chances of winning in a court
against employer are much better!
An overseas employment is an
attraction to many people especially young, skilled and highly-motivated
individuals, who wish to get better salaries and work in an international
environment and by that to enrich their careers. Damned companies abuse
these people because they know that only few would do something and
claim their justice. This thing has to stop
_________________
Best regards,
- IR
Top
RF_dude
Post subject:
Posted: Thu Jul 14, 2005 9:48 pm
Hi IR,
Thanks. I was exactly
thinking of the same thing when I started working for them from here,
that I would make a good impression by starting early.
I will
try to get my case straight. If nothing works out, then i'll disclose
the name of the company on this forum. If possible also use other methods
of broadcasting my case some where prominent.
For now, i'm glad
to be back in USA.. just got my H1B done
Top
catalinione
Post subject: Posted: Tue Apr 11, 2006 12:42 pm
Lieutenant
Joined: Tue Apr 11, 2006 8:47 am
Posts: 2
Hi RF_dude,
it's really awful what happened to you
I cannot understand
company's decision. I assume they had to fight for you - in order get
a swiss working permit, right? It's *at least* weird that, after they
obtained the working permit, they hired you ...
I'm wondering
whether they ever got the working permit for you
Cata
Posted 11/12/2012
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