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Old 09-23-2003, 10:15 AM   #1 (permalink)
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Need advice...work problem

I got this job for an office down in princeton. I was hired as a contractor with a verbal contract and was told that the salary would be $20,000/year. My job was to grab resumes from people who replied to a "made up" (aka false advertising) add on monster.com and then send emails to those people telling them that thier resume has been viewed and they should contact us. For a while I was working in the office building. Then I started hating the commute to princeton and back every day in rush hour so I asked the boss if I could work from home. He said "Fine but I am only going to pay you for 4 hours of work instead of 8." I agreed to that and was on my way. So for a while I was only sending emails for 2 people (30 each) for 4 hours a day. So when it came time that a 3rd person was working there I thought it was only fair that I charged them for 6 hours worth of work since it was directly proportional. The work started getting too much for me so with the help of my friend tim, we constructed a web based app that did most of the work for me. You see, I had to keep track of everyones name and email that I sent an email to to make sure that I didnt send to that person again. So this app we put together kept track of ther name, email, and the date I sent them an email. It also composed and sent the emails for me and checked to make sure I didnt already send mail to them first. I had to use this app because at the time there were around 3700 people that I had emailed so far and to use outlook express to search through that many people would take too long. I told my boss about this program but he was not at all interested in paying for it. So I just used the app for myself to save time and kept charging him the same amount. I usually save up 2 or 3 paychecks before I hit the bank. Well, I didnt receive 3 of my paychecks (3 weeks worth of work) but still had one from august. I go to cash it and the bank would not let me and would not tell me why. So i belive there was a stop payment on it. He claimed that he didnt know what was wrong but to go back and try again which I did and it went through. He said that he forgot to send my other checks but when I asked him where they were the week before he said that he had sent them out already. So he finally ended up sending all 3 checks at once and everything was good again. Untill now. Apparently when I refused to work because I had not received my money, the boss told everyone at work that I screwed them all over for a lot of commision and that everything was MY fault, he used me as a scapegoat so he would not look bad. So one of the people I send emails for started doing some of hers on her own and claimed that she could do 40 in an hour whereas I could do 15 in an hour. I said, yeah you dont have to search through 5000 people! I have had it with this place and want to quit. I am just afraid that if I quit today, I wont receive my paycheck for last week. I have also been the person who has built thier website from scratch and put together an online calendar system for them. I was wondering if I could get in trouble if I wrote code into the schedule that says "The license for this program has expired, please contact your system administrator." Do you think I would get in trouble for that? Also, according to them it should only take me 2 or 3 hours to complete the amount of emails that need to be sent a day. So at $10/hour they would be paying me ~$25 a day. That was not part of the original agreement. ALSO, they asked me to install pirited versions of some software. I told them it was wrong but sad to say my job depended on it. I really need some advice as to what to do. Thanks for your help.

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Old 09-23-2003, 10:58 AM   #2 (permalink)
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If they are asking you to do something illegal I would go to the D.A. and try to set up a sting. Also, there is a software alliance organization that would be interested in this. Sorry to say I don't remember the name. I think, however, they pay rewards for software piracy turn-ins.

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Old 09-23-2003, 11:02 AM   #3 (permalink)
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yeah but couldnt they turn arround and say that I just put it on there without telling them? (even though thats not the way it happened)
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Old 09-23-2003, 11:12 AM   #4 (permalink)
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Not if you CYA. You may want to have a consultation with an attorney.

Here's the software alliance link:

http://www.bsa.org/usa/

Bill

P.S. Plus you have this thread as proof.
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Old 09-23-2003, 11:19 AM   #5 (permalink)
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From what I understand you wrote the software while under their employment. Unfortunately that pretty much makes it theirs. Particularly since you wrote it to help with the work you did for them.

Now, they still have to pay you for the hours worked. I would fight for that and move on.

In the future get things in writing.

Sounds like a bum deal, hope it works out.
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Old 09-23-2003, 12:32 PM   #6 (permalink)
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If he was contracting for them then the software he wrote is still his. Its only theirs if he was an employee and filled out the form at the start of employment that stated any intellectual property is property of the company etc...
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Old 09-23-2003, 12:36 PM   #7 (permalink)
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yeah i never signed anything. So that means it is mine? Cool. Looks like its going to
Code:
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Old 09-23-2003, 08:41 PM   #8 (permalink)
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If you cannot get paid for the work you have done try the Labor Relations Board or Small Claims Court.
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Old 09-23-2003, 09:07 PM   #9 (permalink)
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there is no honor amongst thieves
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Old 09-23-2003, 09:11 PM   #10 (permalink)
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What about Robin Hood?
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