Hello, I am a freelance programmer. One of my friends who works with a company approached me and asked me to join their company, offering me a position as a founder of the tech company and to work on their project. This deal would require me to quit all my other ongoing freelance projects and fully commit to their project. At that moment, I had a fixed client as I was working on an ongoing project that kept changing its requirements. (Basically, I had a secure source of income and stable work.)
However, my friend approached me with this "sweet deal," which somehow convinced me to join them.
The Deal Offered
- Remote work (as they are based in a different location)
- Travel for meetings if required (cost covered by the company)
- Profit sharing
- Directorship of the company
- Monthly salary
- Three months' salary compensation if the deal does not work out (either if the company thinks I am not suitable or if I decide to quit)
When we started the project, I kept asking about the agreement that would list all the details of this deal. He kept avoiding and ignoring that part (it seemed like he trusted the company very much), and we ended up working without a formal agreement with the company. The original deal changed:
- No directorship
- No profit sharing
(Basically, I am back to a freelance basis, just that I am taking a salary from them without any appointment letter or any other agreement given or signed.)
I felt cheated already; however, I had no choice but to continue working for them. Until a few days ago, there was a request from the director asking us to work overseas. As we did not wish to work overseas, we declined the request. Then the drama started; they decided to fire me and my friend from the project and find another 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 chosen to ignore and refuse to pay me the compensation. Now I am in a difficult situation. Luckily, I still have their laptop with me.
My Question
If I did not sign any agreement with them nor did they give me anything to sign for taking their laptop, should I return their laptop after they have broken all their promises and basically left me in a difficult position? If I do not return their laptop, will I face any problems in terms of law, etc.? This is a very difficult decision for me as I have no experience in this weird and screwed-up situation. As I do not have any ongoing projects, I might have to sell that laptop to get some money to cover my living costs as I find new work to do. Please advise. Thank you.
From Malaysia, George Town
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However, my friend approached me with this "sweet deal," which somehow convinced me to join them.
The Deal Offered
- Remote work (as they are based in a different location)
- Travel for meetings if required (cost covered by the company)
- Profit sharing
- Directorship of the company
- Monthly salary
- Three months' salary compensation if the deal does not work out (either if the company thinks I am not suitable or if I decide to quit)
When we started the project, I kept asking about the agreement that would list all the details of this deal. He kept avoiding and ignoring that part (it seemed like he trusted the company very much), and we ended up working without a formal agreement with the company. The original deal changed:
- No directorship
- No profit sharing
(Basically, I am back to a freelance basis, just that I am taking a salary from them without any appointment letter or any other agreement given or signed.)
I felt cheated already; however, I had no choice but to continue working for them. Until a few days ago, there was a request from the director asking us to work overseas. As we did not wish to work overseas, we declined the request. Then the drama started; they decided to fire me and my friend from the project and find another 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 chosen to ignore and refuse to pay me the compensation. Now I am in a difficult situation. Luckily, I still have their laptop with me.
My Question
If I did not sign any agreement with them nor did they give me anything to sign for taking their laptop, should I return their laptop after they have broken all their promises and basically left me in a difficult position? If I do not return their laptop, will I face any problems in terms of law, etc.? This is a very difficult decision for me as I have no experience in this weird and screwed-up situation. As I do not have any ongoing projects, I might have to sell that laptop to get some money to cover my living costs 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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3180From 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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