What is the name of your state (only U.S. law)? GA.
I am an IT professional with a master degree in engineering with over 15 yrs of experience. I was involved in a business with a friend 50/50 – while he owns another company. We know each other for over 20 years so most of the communications are verbal. I put the money for the first business and he was supposed to do it for the second store it was our agreement - nothing was on paper. The business I was operating was a small retail and it did not make it due to the economy. We ended up closing it towards end of 2011. Since business not good – he had promised me to help me out with some kind of business for me in the same area of his main business. The land lord has filed a law suit against my business for past due rent. The friend who is the CEO of the other company and partner with mine – promised me to take care the past due rent when the case is settled. I did not have much to do – so I asked him if I could come to his business and start learning something as eventually I am going to be doing something related to his business. Since he did not put any money in my business – it was the understanding that he would put the money in for me in what ever new business we were going to start. It was clearly understood and agreed that I was not going to be an employee.
Starting Sep 2010 – I was working in his plant – electronic manufacturing facility. He came up with some idea of thermostats – which we explored as a potential options for me as a business but it did not work out. I used to go to work everyday like every one else and was doing what ever was asked. I was helping them setup their guest apartment and taking care of their employees coming from other country – picking them and taking them around for groceries etc. Slowly I was asked to do more things – like setting up their – Components and organize it efficiently and creating some software as well.
All these time my friend who is the CEO of the company – asked me to do what ever he feels like helping him with home stuff and taking care of any needs for his family while he is out of country (I have been doing this for over 3 years since we are friends). He asked me to come to Destin where he purchased a beach house to help fix the place etc.
I used to drive him around while he is drunk – some times the whole nights. I have so far not been put on payroll or anything – instead only was paid for the expenses I claimed and the mileage I have driven on my car for doing all this.
When the time came for settling the case – I went and asked him – he said he was not part of my business since he did not put any money – and also said he never said he would help me with any business. With out even discussing with me – all of a sudden he said you are a full time employee from now on and your salary is $60,000/. I was shocked and asked him that’s not what we agreed on – he said no – this is the option and you need to make a decision soon. Me and my family were shattered. Since none of these were on paper – I wrote all the details to one of our mutual friend – who is partner with his electronic business explaining everything. In few days I told my friend that me working as an employee would not work and I came home and never went back – because if I had found a job I would be making way more than that. My other friend tried to talk to this friend but he was suborn and not ready to listen. I even wrote a letter to his wife who is a very good friend of our family to make him understand – but never got any reply. When I asked him about – what about the help you promised to settle the law suit – he said he would pay me only $30,000/- and I still had to put $10,000/- from my pocket to settle it.
Here is my situation – I have worked in his facility for over 1 year and I was never on any payroll or anything. I have never been compensated for any work I did over the past year and half. I have the communications and there are emails in the company server as a proof of me working there etc. It is not completely personal nor completely business oriented. After few months of heart break and emotional stress I have now found a new job.
I just want to know – what could be done in this situation and what should I do first?
What would be the right approach – and how to handle this.
I am an IT professional with a master degree in engineering with over 15 yrs of experience. I was involved in a business with a friend 50/50 – while he owns another company. We know each other for over 20 years so most of the communications are verbal. I put the money for the first business and he was supposed to do it for the second store it was our agreement - nothing was on paper. The business I was operating was a small retail and it did not make it due to the economy. We ended up closing it towards end of 2011. Since business not good – he had promised me to help me out with some kind of business for me in the same area of his main business. The land lord has filed a law suit against my business for past due rent. The friend who is the CEO of the other company and partner with mine – promised me to take care the past due rent when the case is settled. I did not have much to do – so I asked him if I could come to his business and start learning something as eventually I am going to be doing something related to his business. Since he did not put any money in my business – it was the understanding that he would put the money in for me in what ever new business we were going to start. It was clearly understood and agreed that I was not going to be an employee.
Starting Sep 2010 – I was working in his plant – electronic manufacturing facility. He came up with some idea of thermostats – which we explored as a potential options for me as a business but it did not work out. I used to go to work everyday like every one else and was doing what ever was asked. I was helping them setup their guest apartment and taking care of their employees coming from other country – picking them and taking them around for groceries etc. Slowly I was asked to do more things – like setting up their – Components and organize it efficiently and creating some software as well.
All these time my friend who is the CEO of the company – asked me to do what ever he feels like helping him with home stuff and taking care of any needs for his family while he is out of country (I have been doing this for over 3 years since we are friends). He asked me to come to Destin where he purchased a beach house to help fix the place etc.
I used to drive him around while he is drunk – some times the whole nights. I have so far not been put on payroll or anything – instead only was paid for the expenses I claimed and the mileage I have driven on my car for doing all this.
When the time came for settling the case – I went and asked him – he said he was not part of my business since he did not put any money – and also said he never said he would help me with any business. With out even discussing with me – all of a sudden he said you are a full time employee from now on and your salary is $60,000/. I was shocked and asked him that’s not what we agreed on – he said no – this is the option and you need to make a decision soon. Me and my family were shattered. Since none of these were on paper – I wrote all the details to one of our mutual friend – who is partner with his electronic business explaining everything. In few days I told my friend that me working as an employee would not work and I came home and never went back – because if I had found a job I would be making way more than that. My other friend tried to talk to this friend but he was suborn and not ready to listen. I even wrote a letter to his wife who is a very good friend of our family to make him understand – but never got any reply. When I asked him about – what about the help you promised to settle the law suit – he said he would pay me only $30,000/- and I still had to put $10,000/- from my pocket to settle it.
Here is my situation – I have worked in his facility for over 1 year and I was never on any payroll or anything. I have never been compensated for any work I did over the past year and half. I have the communications and there are emails in the company server as a proof of me working there etc. It is not completely personal nor completely business oriented. After few months of heart break and emotional stress I have now found a new job.
I just want to know – what could be done in this situation and what should I do first?
What would be the right approach – and how to handle this.