Werner4182
New member
Good Afternoon,
I am a software developer based in Brits, North West.
3 Months ago i was contacted by a company that displayed interest in a piece of technology that i developed.
During the 2 weeks that followed, they made a proposition regarding employment.
During the interview, they negotiated with me regarding the CTC i requested. They indicated that they have a 4 bedroom house available in Brits that they will make available to me as well as in some way cover my medical aid expences outside the bounds of the employment contract should i lowe my CTC from R50 000 to R30 000. Amongst the verbal agreements was the use of a company car and all work related fuel expences covered for the duration of my employment as payment for license free use of my technology... The initial price tag for the solution was R30 000 vat inclusive.
Upon receipt of my first pay, I figured out that there was no house in brits and any talks of medical aid was brushed aside.
last week wednesday, i was called in and informed that I am going to be layed off(the day after the company clients signed off on the software I developed for the company that contained my technology. I recorded the sham of a hearing/meeting where they told me that it would be better if i sign a dismissal letter that indicates that termination of employment was a mutual desicion by negotiating an alternative arrangement where I would do ad-hoc contract work for the company, The managing director, head of development(also a director) and the Head of hr discussed this alternative with me in length and i recorded the conversations because i had no confidence that they will keep their word.
The proposed arrangement was as follows:
1)The company requests feature changes/support of aditional development
2) I generate a quote and send it to them.
3)They indicate in writing if they accept the qoute and if they do work will start on deliverables for completion within the indicated time-frame.
4)Upon completion, the deliverable will be handed over for integration into the compayny's existing software whereafter payment will be made upon receipt of the invoice for the deliverable.
I completed the 1st deliverable whereafter the head of development indicated in writing that the software works as expected and comitted to have the invoice paid the following day. Upon receipt of the invoice the only response i received was the word "great" sent from the managing director's iphone.
During the past two weeks, i was phoned relentlessly regarding support on the now failing system without any word on how invoicing or payment of these requests will work. I informed management that all communication regarding service and or development request be done in writing and received no indication that they received the email stating that support will be charged hourly and a retainer fee needs to be negotiated in order for me to make myself available for them for support. This email resulted in me being removed from all company whatsapp groups, and i made the assumption that this act was in response to my request.
Today i contacted the head of development via email, explaining at length why i cannot accept informal verbal requests, indicating events in veiled statements that formulated my perception that they are not trustworthy people and the only means of communication would have to be formal requests sent via company email.... no whatsapps and certainly no phone calls. I stated that the devices used for development will be kept at my office and will only be released after payment of the invoice or clarity on the matter can be provided.
He then proceeded to threaten me twice in his responce, first by stating that the company will considder my actions as malicious in nature should i not return the devices to them by the 13th of August knowing full well that i have no means of transport or money to send the devices(because they did not pay my invoice). And should i not comply that will lay criminal charges.
The second threat was at the end of the mail stating that if I "irritate: him any further with mails of this nature tha i will not enjoy ... i am unsure if the nature of this threat is physical, financial or otherwise as the statement was vauge but i am of opinion that the individuals involved are not of high moral standing.
Point number one in his mail sets the impression(for me at least) that the position of the company from the very start was that they were not planning on paying me and the "olive branch" extended on the day of dismissal was like every other verbal arrangement false. If this was the case, why not make that clear from the start?
My Proof:
1) I have email and whatsapp messages indicating interest in purchase of my technology
2) I have voice recordings of the discussions with the Managing director where he made the proposition i mentioned in my email.
3) I have a voice recording of the discussion between myself, the head of development and the har manager in what i suppose, was a disiplannary hearing of sorts
4) I have a voice recording captured in the HR manager's office where the conduct in my opinion boders on mal-practise.
5) I have several mails where requests for quotations were sent to my personal email address.
6) I have a whatsapp message that followed the quote sent as attachement in a whatsapp group set up by the company.
7) I have whatsapp messages that indicates that the deliverable i invoiced for is fully funtional
8) I have whatsapp messages indicating that the head of developement commited to ensuring me that payment would be made the following day.
Precautions:
I have exported all emails, individual and group chats on my whatsapp profile as well as screenshots of all cummunication regarding the invoice and descripencies surrounding payment thereof before removing the sim card and switching the device to airplane mode to ensure data integrity(in the event that they delete the relevant messages).
I am at a loss here. I have no money and was depending on the payment of the invoice to buy food for myself, my wife and my 3 small children.
If nothing else, i would very much like it if these people keep their word this one time as i have positioned myself for alternative streams of income due by the end of August.
Do you know of some one that might be willing to help me with this please?
Please see the below emails that prompted me to reach out for legal assistance.
Respectfully,
Werner Pretorius
The head of development responded with the following email:
Hi Werner,
Your e-mail and its contents are noted.
Please note the following:
Regards,
I am a software developer based in Brits, North West.
3 Months ago i was contacted by a company that displayed interest in a piece of technology that i developed.
During the 2 weeks that followed, they made a proposition regarding employment.
During the interview, they negotiated with me regarding the CTC i requested. They indicated that they have a 4 bedroom house available in Brits that they will make available to me as well as in some way cover my medical aid expences outside the bounds of the employment contract should i lowe my CTC from R50 000 to R30 000. Amongst the verbal agreements was the use of a company car and all work related fuel expences covered for the duration of my employment as payment for license free use of my technology... The initial price tag for the solution was R30 000 vat inclusive.
Upon receipt of my first pay, I figured out that there was no house in brits and any talks of medical aid was brushed aside.
last week wednesday, i was called in and informed that I am going to be layed off(the day after the company clients signed off on the software I developed for the company that contained my technology. I recorded the sham of a hearing/meeting where they told me that it would be better if i sign a dismissal letter that indicates that termination of employment was a mutual desicion by negotiating an alternative arrangement where I would do ad-hoc contract work for the company, The managing director, head of development(also a director) and the Head of hr discussed this alternative with me in length and i recorded the conversations because i had no confidence that they will keep their word.
The proposed arrangement was as follows:
1)The company requests feature changes/support of aditional development
2) I generate a quote and send it to them.
3)They indicate in writing if they accept the qoute and if they do work will start on deliverables for completion within the indicated time-frame.
4)Upon completion, the deliverable will be handed over for integration into the compayny's existing software whereafter payment will be made upon receipt of the invoice for the deliverable.
I completed the 1st deliverable whereafter the head of development indicated in writing that the software works as expected and comitted to have the invoice paid the following day. Upon receipt of the invoice the only response i received was the word "great" sent from the managing director's iphone.
During the past two weeks, i was phoned relentlessly regarding support on the now failing system without any word on how invoicing or payment of these requests will work. I informed management that all communication regarding service and or development request be done in writing and received no indication that they received the email stating that support will be charged hourly and a retainer fee needs to be negotiated in order for me to make myself available for them for support. This email resulted in me being removed from all company whatsapp groups, and i made the assumption that this act was in response to my request.
Today i contacted the head of development via email, explaining at length why i cannot accept informal verbal requests, indicating events in veiled statements that formulated my perception that they are not trustworthy people and the only means of communication would have to be formal requests sent via company email.... no whatsapps and certainly no phone calls. I stated that the devices used for development will be kept at my office and will only be released after payment of the invoice or clarity on the matter can be provided.
He then proceeded to threaten me twice in his responce, first by stating that the company will considder my actions as malicious in nature should i not return the devices to them by the 13th of August knowing full well that i have no means of transport or money to send the devices(because they did not pay my invoice). And should i not comply that will lay criminal charges.
The second threat was at the end of the mail stating that if I "irritate: him any further with mails of this nature tha i will not enjoy ... i am unsure if the nature of this threat is physical, financial or otherwise as the statement was vauge but i am of opinion that the individuals involved are not of high moral standing.
Point number one in his mail sets the impression(for me at least) that the position of the company from the very start was that they were not planning on paying me and the "olive branch" extended on the day of dismissal was like every other verbal arrangement false. If this was the case, why not make that clear from the start?
My Proof:
1) I have email and whatsapp messages indicating interest in purchase of my technology
2) I have voice recordings of the discussions with the Managing director where he made the proposition i mentioned in my email.
3) I have a voice recording of the discussion between myself, the head of development and the har manager in what i suppose, was a disiplannary hearing of sorts
4) I have a voice recording captured in the HR manager's office where the conduct in my opinion boders on mal-practise.
5) I have several mails where requests for quotations were sent to my personal email address.
6) I have a whatsapp message that followed the quote sent as attachement in a whatsapp group set up by the company.
7) I have whatsapp messages that indicates that the deliverable i invoiced for is fully funtional
8) I have whatsapp messages indicating that the head of developement commited to ensuring me that payment would be made the following day.
Precautions:
I have exported all emails, individual and group chats on my whatsapp profile as well as screenshots of all cummunication regarding the invoice and descripencies surrounding payment thereof before removing the sim card and switching the device to airplane mode to ensure data integrity(in the event that they delete the relevant messages).
I am at a loss here. I have no money and was depending on the payment of the invoice to buy food for myself, my wife and my 3 small children.
If nothing else, i would very much like it if these people keep their word this one time as i have positioned myself for alternative streams of income due by the end of August.
Do you know of some one that might be willing to help me with this please?
Please see the below emails that prompted me to reach out for legal assistance.
Respectfully,
Werner Pretorius
The head of development responded with the following email:
Hi Werner,
Your e-mail and its contents are noted.
Please note the following:
- Your invoice will be paid with due consideration. The number of hours that you had to spend to finish a project that we initially paid you a salary to complete, is a reflection of your skill/situation, and is not in any way our organization’s responsibility.
- If you retain any of our equipment, as you stated in this mail, you are asked to return that equipment to us by Tuesday 13th of August 2019, latest 16:00. Consider that you are formally put on notice that should you fail to do so, we will consider it a malicious act and bring criminal action against you.
- The rest of your mail do not have any business value and bearing, and as such do not require comment.
- As a final note, which does not constitute the formal position of this organization, I want you to understand that I do not respond well to threats and veiled insults. Refrain from sending any more mails of this nature, please, as further irritation may result in a response from our side that you will not enjoy.
Regards,
